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Photographic 

Sciences 

Corporation 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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D 


D 


D 


D 
D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  resto.<  ed  and/or  laminated/ 
Couverture  restaur^e  et/ou  peiiiculde 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  g6ographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  ano/c  illustrations/ 


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Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

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Blank  leaves  added  during  restoration  may 
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mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6X6  film^es. 

Additional  comments:/ 
Commentaires  suppldmentaires: 


T 
to 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6X6  possible  de  se  procurer.  Les  d6tails 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
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sont  indiqu6s  ci-dessous. 


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Pages  detached/ 
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Showthrough/ 
Transparence 

Quality  of  prir 

Quality  in^gale  de  I'impression 

Includes  supplementary  materif 
Comprend  du  mat6riel  suppldmentaire 


Tl 

P< 

o 

fil 


O 

b 

th 

si 

ot 

fir 

si< 

or 


r~|  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

I      I  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 


JY 
sh 
Ti 
wl 

Ml 
dif 
en 
bei 

rig 
re( 
m( 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  6  nouveau  de  faqon  6 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqui  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


X 


12X 


16X 


20X 


24X 


28X 


32X 


aire 

I  details 
lues  du 
t  modifier 
iger  une 
)  filmage 


The  copy  filmed  here  has  been  reproduced  thanics 
to  the  generos'ty  of: 

IMoritiet  Library 
University  of  Ottawa 


The  images  appearing  here  are  the  best  quaiity 
possibie  considering  the  condition  and  iegibiiity 
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g^nArositt  de: 

Biblioth^ue  Morissat 
Univertittf  d'Ottawa 


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plus  grand  soin,  compte  tenu  de  ia  condition  et 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


j6es 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimie  sont  fiim^s  en  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimds  en  commen^ant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^>  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaftra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  —►  signifie  "A  SUIVRE".  le 
symbols  y  signifie  "FIN". 


re 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6.  il  est  film6  d  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


y  errata 
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nt 

ie  peiure, 

pon  d 


1 

2 

3 

32X 


1 

2 

3 

4 

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5 

6 

■  1 


42d  Con 
2d  Ses, 


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ritovisi()> 


M  /-3' 


42d  Congress,  » 
"  I.      ] 


SENATE. 


2d  Session. 


\ 


Ex.  Doc. 
No.  31. 


THE    CASE 


OF 


THE    UNITED    STA^TES, 


'10  I)E  I-AID  UKKOKF,  TUB 


t'ihittJi!  oi  SfHtvnti0tt, 


TO  BE  CONVENED   AT  GENEVA 


UNDER  THE 


M 


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41 

t: 
J" 

g"  5  is 

t'li 


tm 


I    i 


I'llOVISIOXS  OF  TIIK  TUKATY'  lilCTW'KKN'  'I'lIK  IIXITED  STATKS  OF  AMKUICA  AND 

IIKll  MAJKSTV  Tin;  (Ji:r>KX  Ol'  (iUKAT  liUITAIM,  CONCLUDED 

AT    WASIUXUTON,   .MAV    e.   ItiTl. 


mt  lai  ^ 


WASHINGTON: 

GOVEUNMENT     rUlNTING     OFFlfiE. 


EIBUOTHSCA    ) 


fi — 


I  i 


MESSAGE 


OF  TUli 


PRESIDENT  OF  THE  UNITED  STATES, 


COMM  UN  ICAT ING, 


In  compliance  icith  a  resolution  of  the  Senate  of  the  Sth  instant,  the  case  of 
the  United  States  presented  to  the  board  of  arbilralion  at  Geneva. 


m 


Fkukuauy  13, 187:i.— Uciid  uuil  ovdeicil  to  lie  on  the  tabic  and  be  priuted. 


To  the  Senate  of  the  United  States  : 

In  answer  to  the  resolntion  of  the  Senate  of  the  Sth  instant,  I  trans- 
mit a  report  from  the  Secretary  of  State,  and  the  copy  of  the  case  of 
the  LTnited  States  presented  to  the  tribnnal  of  arbitration  at  C.oneva, 

which  accompanied  it. 

U.  S.  GKANT. 
WAsniNGTON,  February  13,  1872. 


Depaktment  of  State, 

Wnshiyifjton,  February  13,  1872. 

The  Secretary  of  State,  to  whom  was  referred  the  resolution  of  the 
Senate,  of  the  8th  instant,  requesting  the  President  "to  transmit  to 
that  body,  if  not  incompatible  with  the  public  interest,  the  case  of  the 
United  States  i)resented  to  the  board  of  arbitration  at  Geneva,"  has  the 
honor  to  lay  before  the  President  a  i^rinted  copy  of  the  document  called 
for  by  the  resolution. 

Eespectfully  submitted. 

HAMILTON  FISH. 

The  Peesident. 


ES 


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Hilif 


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* 

■ 

I.  INTHO 

M. 

.                                                                                                                                                     • 

Pi 

Tl 

W 

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II.  The 

llNrrjci 

TION. 

R(! 

Fri 

NOTE. 

Th 

Elt 

The  figures  in  brackets  in  the  text  indicate  the  pages  of  the  edition 

Sec 

wliicliwas  laid  before  the  Tribunal  of  Arbitration  at  Geneva j  the* 

Sec 

indicates  the  word  with  which  each  page  commences. 

Oi.) 

s 

A" 

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The 

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The 

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It  wt 

TABLE  OF  CONTENTS. 


' !  m 


Geneva     Sf^rond 
uJltion.    I'tlihtin. 

I.  iNTKOnUCTIOX. 

rage.      Pant. 

Meetinf?  of  tlio  Joint  ITisli  Commission  at  Wnshington U  9 

Protocol  of  tlio  conferoncos  as  to  tlio  Alabauiii  claims 10  9 

Tlio  Treaty  of  WnHliingtoii 17  12 

What  tho  United  States  will  attempt  to  establisli 21)  10 

E viileneo  and  documents,  and  how  referred  to 30  17 

II.  TlIK    UNl'RIICXDLY    COURSK   rnUSUKI)    nv  fillEAT   UUITAIX   Tf)\VAI!I)  TlIK 

ITnitkd  Statks  fii6m  tiik  outukkak  to  thk  close  of  Tin:  iNsur.ur.c- 

TION. 

Relations  of  tho  United  States  with  Great  I'.ritain  prior  to  18G0 31  19 

Friendly  relations  of  tlio  two  Governments  in  18()0 ',V.\  20 

Tho  United  States  in  ItfGO 34  'JO 

Election  of  Mr.  Lincoln 30  21 

Secession  of  South  Carolina 30  21 

Secession  of  Alabama 3(>  21 

Secession  of  Georf;ia  and  other  States 37  21 

Opposition  to  tho  territorial  limitation  of  slavery  tho  cause  of  seci^s- 

Hion 37  21 

A  jv'.rt;,  ill  ilie  South  opposed  to  secession 39  23 

Inanguratiou  of  Mr.  Lincoln 42  23 

Tlio  JJritish  <;overnment  informed  of  his  purposes , 42  23 

Lord  John  Uussell  promises  to  await  Mr.  Adams's  arrival  beforr    oring.  43  23 

The  surrender  of  Fort  Sumter 44  24 

Tho  insurgents  to  issue  letters  of  marque 44  24 

Proclamation  giving  notice  of  blocliado 45  24 

Objects  of  that  proclamation 45  24 

The  joint  action  of  Franco  invited  by  Great  Britain 45  24 

When  tho  President's  proclamation  was  received  in  Great  Britain 47  25 

Opinion  of  law  ofQcers  taken  ou  an  imperfect  co))y 49  26 

Her  Majesty's  government  decide  on  tho  first  of  May  to  recognize  a 

state  of  war 50  20 

Lord  John  Eussell  and  tlie  insurgent  commissioners  discuss  the  recog- 
nition of  southern  independenco 51  20 

Communication  with  the  French  government .^)2  27 

Answers  of  tho  French  government 53  27 

When  tho  President's  proclamation  was  received  by  Great  Britain.. .  54  27 

Effect  of  recognition  of  a  state  of  war 55  23 

The  Queen's  proclamation 57  23 

Uncertainty  of  Her  Majesty's  government 57  23 

Eflect  of  tho  Queeu's  proclamation 53  29 

Mr.  Bright's  views 02  30 

Tho  sovereign  right  t6  issue  such  a  proclamation  uot  denied 03  31 

It  was  an  uufrieudlv  act 63  31 


HrV 


i-  IP 


CONTENTS. 


G^nvvn  Spcnnd 
*  *  eiJitioH.  L-dilKin. 

i'uyt.     J'agt. 

II.  Tin;  t  Nriiir.NDi-Y  c(h;ii,sk  puu8i;i:d  iiy  Gkkat  BriiTAix  towaud  tiik 

ITMII.!)  SIAII-.S   IltO.M    TIIli:  OUTimiCAIv   TO  TlIU  CU)Si:  OK  THE  IXSLIIUKC- 
TION — Colli  illllcd. 

And  i.'ssucd  with  iiii  nnfrlt'iidly  jmrposo 01  ;!1 

M.  Uoliii-JiU'iiuciiiyiis  uu  the  (^iiceii'M  i)iochiiii!itiim (j4  'M 

UnlVidiiilly  comliict  ol'tJicut  Uritiiiii  us  ti)  tho  dechmitioiis  ol"  tho  con- 
gress of  I'luiH 05  'M 

The  instructionH  to  Lord  Lyons  nii;^lit  hiivo  been  roj;urilcd  us  iv  ciiuso 

of  Will' Od  ;J3 

Former  negotiations  regiirding  tlio  dtichirutions  of  tho  congress  of 

I'aris 01)  33 

Lord  Jiyons's  interview  witli  Mr,  Seward 72  34 

Termination  of  negotiations  with  the  United  Stiites 73  35 

(ireat  liiitain  desired  to  legalize  iirivuteering 74  35 

Negotiations  at  Kielimond 74  35 

Mr.  Adams's  connnents 78  36 

Contrast  between  condmit  of  (Jreat  JJritain  toward  the  United  .States 
in  the  Trent  all'air,  and  toward  violators  of  liritish  nentrality  in  tho 

insnrgent  interest 82  38 

}I.  Iiolin-.Jaci|nemyns  on  Hritish  n(uitrality 80  40 

Proof  of  tli(!  nnlViendly  feeling  of  mendjers  of  tho  IJrilish  cabinet  and 

Parliament 87  40 

Conclusions 100  45 

in.   Tin:  uuin:s  which  Gkicat  Uihiai.v,  as  a  neutkal,  should  have 
.  oi!si:ini;i>  TowAKD  THE  Umteu  States. 

The  Qnt'cn's  proclamation  u  recognition  of  obligationH  under  tho  law 

of  nations 105  47 

Great  Britain  has  recognized  its  obligations  in  various  ways 105  47 

The  obligationa  recognizeil  by  the  foreign  enlistnicnfc  act  of  IHiy 105  47 

Municipal  laws  designed  to  aid  a  govei'umeut  in  tho  perfonnuiice  of 

international  duties lOG  47 

History  of  tho  foreign  enlistment  act  of  1819 106  47 

Great  Ihitaiu  bound  to  perform  tho  duties  recognized  by  that  act 108  48 

The  dutii.'s  recognized  l)y  that  act 109  48 

Eoyal  commission  to  revise  the  foreign  enlistment  act  of  181'J 113  50 

lieport  of  that  commission 114  51 

The  foreign  enlistment  act  of  1870 IIG  51 

Its  judicial  construction 117  52 

International  law  is  a  part  of  the  coiiiniou  law  of  England 118  52 

Duties  recognized  by  tiio  (^laien's  proclamation  of  neutrality I''i2  53 

Definition  of  neutrality Iii3  54 

Duties  recognized  by  instructions  to  British  officials  during  the  insur- 
rection    125  55 

Correspondence  between  the  two  governments  in  1793-'94 126  55 

Treaty  of  November  19,  1794 131  57 

Construction  of  that  treaty  by  the  commissioners  appointed  under  it.  132  57 
The  neutrality  laws  of  tho  United  States  enacted  at  tho  request  of 

Great  Britaui 133  58 

Case  of  the  bark  Maury 134  58 

Principles  thus  recognized  by  tho  two  governments 135  58 

Obligation  to  make  compensation  for  injuries 136  59 


III.  The 

OUSEKV 

Cor 
Prii 
Kill 
Wh 
Fitt 
Th(' 
Eea 
Con 
Dut 
Alsi 
The 
Tlie 
Dut 
The 

lie 
Ilan 
Blni 
Koli 
Orto 
Pier 
Lon 
The 
Onei 
Opiii 
Opin 
Case 
Cont 
Effec 
Opin 
Opin 
Dec  is 
The  ] 

am 
Depo 
liesui 

IV.    WlIEU 
NEITItAL. 

Admi 

Briti^ 

sho 

iuJ 

tho 

mei 

The  1 

Char; 

Geogi 

What 

Tho  I 

Comp 

Instri 


33 

33 
34 
35 
3.-> 
35 
36 


38 
40 

40 
45 


47 
47 

47 

47 
47 

48 
48 
50 
51 
51 
52 
52 
53 
54 


58 
58 
15  58 
(6      59 


CONTENTS.  5 

«<iiLicjn.  «<Jttif>a. 

J'iii/c,  J'ayt. 

III.  TiiK  i>i;tik8  ■which  Grkat  Huitain,  as  a  nki'tral,  should  iiavk 

OUSKltVUU  TOWAltD  THU   llNITliU  STATKS— CoiltilllKHl. 

CoriTS|)(tntlciic()  botwwn  tho  Uiiitcil  St.itcH  ivml  Portngal 137  59 

Principles  nc'i);;iiizi!il  in  that  (;()rreHi)onUt!nco MO  ti;\ 

Rul(.'.s  ill  tli<!  fn-aty  of  Wiwhinj^toii 118  03 

What  is  line  dili^jonco ir,0  04 

Fittinj;  out,  arniiii;,',  or  ('(iuii)iiin>?,  each  nn  ofl'i'UHo 150  Cd 

Tlie  HL'coiid  c'laiiHo  of  tlio  liixt  riilo lot)  08 

Ri'aHoiiH  for  a  clian;;!!  of  lanj^iiaj^o 151)  08 

Coutiuiiiii)!;  force  of  tho  rulo 103  GO 

Duty  to  detain  ollciiding  vcmmcIh  rccoynizud  by  Great  Uritaiii 103  CO 

Also  rccoi^iiized  by  France" ]()G  70 

The  Kecoiid  rule  of  tho  treaty 100  70 

The  third  rnlo  of  tho  treaty 108  71 

Duty  to  iiiak(!  cninpensatiou  i'or  iiijiirie.s 100  71 

Tlio  foic^^oinj;  vicwH  in  harmony  with  tlio  opinions  of  Kuropean  i)ul)- 

licists 100  72 

ITauteffiii!i(! 170  72 

Bhintsclili 171  72 

I?olin-,Ia('(iiicniyiis 170  74 

Ortolan 181  7C 

Pierantoni 181  77 

Lord  Westbiiry 185  77 

The  casi;  of  th(!  Swedish  vessels 180  78 

Ofteudin;?  vessels  uot  Kiiiiidy  contraband  of  war 193  80 

Opinion  of  Ortolan 105  81 

Opinion  of  lietl'tcr IOC  81 

Case  of  tho  Santisinia  Trinidad 107  82 

Coutr<dle(l  by  the  (ase  of  tho  Gran  Para 201  83 

Effect  of  a  coninii:<sion  of  tho  otfender  as  a  vessel  of  war 202  84 

Opinion  of  Sir  ICoundell  Palmer 204  84 

Opinion  of  Chief  Justice.  JIarsliall 204  85 

Decision  of  tho  Supremo  (jotu't  of  thi*  United  States 200  85 

Tho  principlo  recognized  by  France,  Great  Ibitain,  Spain,  Portugal, 

and  tho  I'nited  States 200  80 

Deposit  of  tho  oO'enso 209  80 

liesumd  of  principles 210  87 

IV.  WhKKKIN    GllIO.VT     liUITAIN     FAII.KD     TO    I'KIUOKM     ITS     DLTIICS     AS     A 
NlSfTUAL. 

Admissions  of  British  cabiuot  ministers 215  89 

British  ports  tho  base  of  insurgent  operations;  a  partial  hospitality 
shown  (o  tho  insur;j;ents  ;  a  branch  of  tluiir  "government  established 
in  Liverpool;  their  <roverninent  vessels  oOicially  aided  in  evading 
tho  blockade,  and  in  furnishing  them  with  arms,  munitions,  and 

means  for  carrying  on  the  struggle 218  90 

Tho  firm  of  Fraser,  Trenholm  &,  Co 219  91 

Character  of  tho  blockad(!d  coast 222  92 

Geographical  situation  of  Nassau  and  Bermuda 223  92 

What  was  done  at  Nassau 225  93 

Tho  United  States  denied  permission  to  deposit  coal  at  Nassau 229  94 

Complaints  to  Earl  Russell  and  his  reply 232  95 

Instructions  as  to  hosx)italitics  to  the  belligerents... 233  9G 


mi 


12 


r\ 


CONTENTS. 


L'Jil     HI. 

IV.   Wlir.ltlJN    OltllAT     IJUITAIN     I'AlLr.I)     TO     I'lCltKOKM     ITrt     DCTIKS     AH     A 
M.lTliAl,— (N)lltillU<'<l. 

J.ord  riiliiiri!st(iii'H  tlirciilM .' y:n 

C'ontrjilmiiil  ol'  war  IVaiiiliilt'iilly  elcari-d  at  Nassau  lor  IJiitiMli  |)i)rls..  ij;t(5 

liVsiiiiK'^  Itir  llic  year  iMlvi y:i7 

.    llasi'  iliaii^;((l  (o  lii'iiiiiula iilt'.) 

Wliat  wan  (loiio  at  Livfrpool  by  IJiiUock 5»|() 

TIio  Florida y.Jl 

'J  lie  Alaliama !;.M;{ 

The  .Siiiiitcr  at  (Jibraltar yif) 

Tlio  I'loiida  at  Nassau ti l') 

(.'Diilrai'ls  for  conHtructin;;  six  iron-iilads IJlIt 

The  Suuitcr  at  Trinidad y  17 

'J'liD  rioridaat  Nassau )i\7 

Mr.  Adams  rcprcscids  (lio  Ibrc^oiu};  lacts  to  Karl  IJiisscU 'JIS 

j;arl  ifussci!  declines  to  act •  'Jl'.> 

Incllicieney  ol'  I  he  rorei;;u  enlist  niiMit  act "J.'iO 

l'ro|i(isiti(ins  to  amend  the  iorci;{n  enlistment  ai^t 'J.'>1 

I'roiiosilions  declined  liy  (Jreat  Itritain y.")l 

I'roiiosltliMi  rentiwed  and  declined )i7t[i 

Tlieso  iin)ceedin{;.s  wero  an  altandonnaMit,  in  advance,  of  "duo  dili- 

KtMlCC!  " y.')() 

Tlu;Ueor};ia y.'jCi 

ThoAlexantlra 'Jfj? 

The  rulinjrs  in  the  Alexandra  ctini'.  enmsculated  the  forcij^n  cnliHtment 

act 251) 

Laird'H  iron-clad  rams 'JUO 

Tluur  deti'iitioii  not  an  abandonment  of  Ihu  lax  construction  of  tho 

duties  of-  a  neutral ijtil 

TLo  contracts  with  Arman  for  tho  construction  of  vessels  in  IVaniic..  titid 

Conduct  of  the  French  (iovernmeiit i,'(!7 

Contrast  lietween  the  conduct  of  Franco  and  of  (jJreat  Hritain SiO'J 

Tho  Tuscaloosa  at  tho  Caiie  of  Good  IIol)(^ 'J70 

She  is  releaseil  against  the  advice  of  .Sir  lialdwin  Walker *27'J 

The  courser  of  tins  };i)Veriu)r  is  disai>iiroved 'J7*^ 

The  Tuscaloosa  comes  a;;ain  into  tho  waters  of  tho  Colony 27;J 

Tho  govianor  reverses  his  iKdicy  and  seizes  tho  veysol !27U 

His  course  is  ayain  disajiprovcd '271 

IJlockadi^runniuf; 27 1 

Cotton  shi))ments 275 

Tho  insurffont  {government  intercstctd  in  blockade-running 278 

Thcso  facts  bronj^ht  to  Karl  Kussell's  notice 2H2 

Ho  s(!es  no  otVcnso  in  them 2f'2 

Earl  Kussell's  attention  af^aiu  called  to  these  facts 2H4 

Ho  ajfain  sees  no  ((flense  in  thi^ni 2H5 

l$]ockado-runnin}f  in  partnership  with  the  insurgent  government 2H() 

Continued  partiality 288 

Tho  Rappahannock 201 

Tho  Shenandoah 2!« 

Mr.  Mountague  Hornard's  list  of  vessels  detaiiiod  by  Great  Britain. ..  29lj 
The  charges  in  Mr.  Fish's  instructions  of  September  25,  1809,  arc  sus- 
tained by  thi»  cvidenco 300 


Rprrinil 

t'liiiiun. 

I'aiie, 


9I» 
97 
97 
98 
99 
99 
99 
100 
100 

loi 

101 
101 
101 
102 
102 
lOU 

io;i 
io;j 

101 

105 
105 

KM* 
100 

108 
108 
109 
109 
110 
110 
111 
111 
111 
111 
111 
112 

ir.{ 

114 
114 
115 
115 
110 
117 
118 
118 
120 

121 


CONTENTS. 


rojf. 


1)7 
1*7 
1)8 
91) 
Ul) 
UD 
100 

too 

lUl 
10 1 
101 
101 
W-Z 
102 
103 
103 
103 


10(5 
100 

108 
108 
101) 
101) 
110 
110 
111 
HI 
HI 
HI 
111 
Hvi 
113 
114 
114 

iir. 

ll'i 
IKi 
117 
118 
118 
I'JO 


>jiii< 


».v„|„l 


V.  WlIi;i{i;iN  (JllKAT  llUITAIN  KAU.EO  TO  I'KHl-OHM  I'lH  DUT1K8  AH  A  NIX'THAI-. 

TiiK  iNst'iKJKNT  Cin;i«i;ii.s. 

Karl  JiiiKHcll  (li'iioiiiiccH  llio  iicfH  of  wliich  tlio  United  KtatcH  coiniilaiii 

im  iiiiwariaiili'il  aiul  lolally  iiiijiislilialilii HOD  l-J.'i 

]lrilisli  (cnitory  tint  basit  of  llu;  naval  opcrulioiis  ortlio  iiiHiir;;cnt.H. ..  ItIO  I'Si 

'I'lifiiiumnal :iig  I'S, 

Tin:  HyHlonnitii;  oixiriitloMM  of  tho  insiu'^rontrt  a  violation  of  tint  ilntii^s 

of  a  neutral :!I1  \2C> 

('(intinnin;;  partiality  for  tlio  inHiir;;i'iil,s :tl3  l'J() 

lii'ca|iilnlation  of  hostile  acts  tolcraldl  in  Drillsli  I'oNHi'ssloim 314  r>i7 

Tliewe  faetK  throw  Nnspleion  upon  the  aels  of  IhitiHh  ollieials  toward 

the  insnr;i;int  ernlMern ItKi  ViH 

They  Hin)w  an  abnej^alion  of  all  (lill<^eni'()  to  pnn'ent  the  nets  eoni- 

plainedof 317  124 

Tln^y  throw  upon  (ireat  ilritain  the  hnrden  of  |)roof  to  hIiow  that  tliu 

acts  eoniplained  of  could  not  have  lieen  prevented I!1H  I'JS 

List  of  the  inmirgent  cruiMerH 3i.'0  I'Jli 

The  KiMuler 3-JO  121) 

Tho  NaKhviUe 3;>8  132 

The  Florida  and  her  tendci's,  the  (>'larene(>,  tlii;  'I'aeony,  and  tho  Archer.  332  133 

The,  Alabama  ami  Inr  tender,  the  Tusealoo.sa 304  140 

The  JJetrihnlion 300  VA) 

The  (Je<Mj,'ia 302  ir,ti 

The  Tallahassee,  or  the  Olustee 401)  ICI^ 

The  (Mdekanniujrii 4 13  KM 

The  Nhenandoali 41(i  lOo 

fSnmnnuy 4.')!  IHO 

The  conduct  of  other  nations  contrasted  v.ith  that  of  (ireal  liritain..  4(52  lti3 

VI.  Tin;  Tlillll'NAI-  .SIIOL'LI)  AWAltl)  A  SUM  IN  (iKOS.s  TO   I  MI',  rSTrKD  STATKS. 

Oll'cr  of  t!i(!  Aimirican  Connnissioners  in  tli(5  .Joint  lli;;h  ('ommissimi.  4(17  185 

l{(ji!ction  of  the  olVer  by  llns  Hritish  Comnussiom-rs 4tH  185 

Terms  of  the  sidiudssion  by  the  Treaty 4(W  185 

(ieiicral  Htateimjiit  of  the  claims ^. 4(11)  IH5 

(llaiins  urowiufj;  out  of  the  destruction  of  vessels  and  ear;j;oes 4(i;)  I8ti 

(iovernment   vessels 470  18G 

Merchant  vessels 470  1>^() 

Injuries  to  [lersons 471  18(i 

Expenditures  in  pursuit  of  cruisers 472  180 

Transfer  of  vessels  to  the  liritish  llii;^ 472  187 

Enhanced  rat<;sof  insurance 470  188 

I'mlonj^ation  of  tho  war 470  188 

Interest  claimed  to  the  date  of  payment 471)  181) 

licasons  why  a  jjross  sum  should  be  awarded 480  181) 

INDKX 483  11)1 


M..!B 


I   ; 


m 


"CASE  OF  THE  UNITED  STATES. 


PART  I. 


Mfcting  of  the 
•loiiit  Itigli  Cuiiiiiiit<* 
flii'iiLTd  at  Wusliiiig* 
ion. 


INTRODUCTION. 

In  the  spring  of  the  present  year  (1871)  five  Commissioners  on  the 
part  oi  Great  Britain  and  five  Commissioners  on  tlie  part 
of  tlio  United  States  of  America  met  at  Washington  in  a 
body,  wliioli,  when  organized,  was  known  as  the  Joint  Iligli 
Commission,  in  order  to  discnss,  and,  if  possible,  to  arrange  for,  the 
adjustment  of  several  causes  of  difference  between  the  two  Powers. 

Among  the  subjects  whi(;h  were  brought  before  that  body  by  the 
United  States  were  "  the  differences  which  arose  during  the  rebellion 
in  the  United  States,  and  which  have  existed  since  then,  growing  out 
of  tlie  acts  committed  by  the  several  vessels,  which  have  given  rise  to 
the  claims  generically  known  as  the  Alabama  Claims.'" 

The  sessions  of  the  Joint  lligh  Commission  were  many  in  number, 
and  were  largely  devoted  to  the  consideration  of  the  (inferences  re- 
ferred to  in  Mr.  Fish's  letter  to  Sir  Edward  Tliornton,  from 
[10]  *which  the  above-cited  quotation  is  made.  The  High  Commis- 
sioners, in  tl!e  ]n'otocol  of  their  thirty-sixth  conference,  caused  to 
be  recorded  a  statemenl  of  their  negotiations  on  this  subject,  in  the  fol- 
lowing language: 

"At  the'conference  held  (U  the  8th  of  March  the  Ameri-  ,„!^i™I.';,';.';J,  °^,„;1;^ 
can  Commissioners  stated  that  the  people  and  Government  '\^•|"""Lli'.m.. 
of  the  United  States  I'elt  tbau  they  had  sustained  a  groat  wrong,  and 
that  great  injuries  and  losses  were  inllicted  upon  their  commerce  and 
their  material  interests  by  tlie  course  and  conduct  of  Great  Britain  dur- 
ing the  recent  rebellion  in  the  United  States;  that  what  had  occurred 
in  Great  Britain  and  her  colonies  during  that  period  had  given  rise  to 
feelings  in  the  United  States  which  the  i)eoi)1e  of  the  United  States  did 
not  desire  to  cherish  toward  Great  Britain  ;  that  the  history  of  the  Ala- 
bama and  other  cruisers,  whi(;h  had  been  fitted  out,  or  armed,  or  equip- 
ped, or  which  had  received  augmentation  of  force  in  Gi  at  Britain  or 
in  her  colonies,  and  of  the  operations  of  those  vessels,  showed  extensive 
direct  losses  in  the  capture  and  destruction  of  a  large  number  of  ves 
sels,  with  their  cargoes,  and  in  the  heavy  national  expenditures  in  tl'.e 
pursuit  of  the  cruisers,  and  in  direct  injury  in  the  transfer  of  a  large  part 
of  the  American  commercial  marine  to  the  British  Hag,  in  the  enhanced 
payments  of  insurance,  in  the  prolongation  of  the  war,  and  in 
[11]  *the  addition  of  a  large  sum  to  the  cost  of  the  Avar  and  the  sup- 
pression of  the  rebellion;  and  also  showed  that  Great  Britain, 
by  reason  of  failure  in  the  proper  observance  of  her  duties  as  a  neutral, 
had  become  justly  liable  for  the  acts  of  those  cruisers  and  of  their  tend- 
ers; that  the  claims  for  the  loss  and  destruction  of  i)rivifte  property 
which  had  thus  far  been  presented  amounted  to  about  fourteen  millions 

'  Mr.  Fish  to  Sir  Edward  Tliorutou,  Jiimiary  30,  1871,  Vol.  VI,  pajjc  IG. 


*i 


r 


'i 


i:r 


10 


INTRODUCTION. 


!¥i 


h  ■ 


of  dollars,  without  interest,  wliich  amount  was  liable  to  be  greatly 
increased  by  claims  which  had  not  been  i)reseuted;  that  the  cost  to 
Avhich  the  Government  had  been  i)ut  in  the  pursuit  of  cruisers  could 
easily  be  ascertained  by  certilicates  of  Goverunieut  accounting  officers; 
that,  in  the  hope  of  an  amicable  settlement,  no  estimate  was  made  of 
the  indirect  losses,  without  prejudice,  however,  to  the  right  to  indeni- 
nifieation  ou  their  account  in  the  event  of  i^o  such  settlement  being 
made. 

"The  American  Comnn'ssioners  further  stated  that  they  hoped  that 
the  British  Commissioners  would  be  able  to  place  upon  record  an  ex- 
Ijression  of  regret  by  Uer  I\Ia  jesty's  Government  for  the  depredations 
connnitted  by  the  vessels  whose  acts  were  now  iinder  discussion.  They 
also  i)r<)posed  that  the  Joint  Iliyli  Commission  should  agree  upon  a 
sum  which  should  be  ])aid  by  Great  Britaiu  to  the  United  States,  in 
satisfaction  of  all  the  claims  and  the  interest  thereon. 

*  "  The  British  Conimissioncrs  replied  tiiat  Her  Majesty's  Gov-  [12] 
ernment  could  not  admit  that  Great  Britain  had  failed  to  discharge 
toward  the  United  States  the  duties  imposed  on  her  by  the  rules  of  Inter- 
national Law,  or  that  she  was  justly  liable  to  make  good  to  the  United 
States  the  losses  occasioned  by  the  acts  of  the  cruisers  to  which  the 
American  Commissioners  had  referred.  They  reminded  the  Amei'icau 
Conimissioncrs  that  several  vessels,  susi)ected  of  being  designed  to 
cruise  against  the  United  States,  including  two  iron-clads,  had  been 
arrested  or  detained  by  the  British  Government,  and  that  that  Govern- 
ment had,  in  some  instances,  not  con  lined  itself  *o  the  discharge  of  in- 
ternational obligations,  however  widely  construed,  as,  for  instance, 
when  it  acquired,  at  a  great  cost  to  the  country,  the  control  of  the  An- 
glo-Chinese Flotilla,  which,  it  was  apprehended,  might  be  used  against 
the  United  States. 

"  Tiiey  added  that,  although  Great  Britain  had,  from  the  beginning, 
disavowed  any  resi)onsibility  for  the  acts  of  the  Alabama  and  the  other 
vessels,  she  had  already  shown  her  willingness,  for  the  sake  of  the 
maintenance  of  friendly  relations  with  the  United  States,  to  adoi>t  the 
l)rincii)le  of  arbitration,  provided  that  a  titting  Arbitrator  could  be 
found,  and  that  an  agrc  inent  could  be  come  to  as  to  the  points 
to  which  arbitration  should  apply.  *They  would,  therefore,  ab-  [13] 
stain  from  rei)lying  in  detail  to  the  statement  of  the  American 
Commissioners,  in  the  hope  that  the  necessity  for  entering  upon  a 
lengthened  coiiiroversy  might  be  obviated  by  the  adoption  of  so  fair  a 
mode  of  settlement  as  that  whi(;h  they  were  instructed  to  propose ;  and 
they  had  now  to  repeat,  on  behalf  of  their  Government,  the  offer  of  ar- 
bitration. 

"  The  American  Commissioners  expressed  their  regret  at  this  decis- 
ioi  of  the  British  Commissioners,  and  said  further  that  they  could  not 
consent  to  submit  the  question  of  the  liability  of  Her  Majesty's  Gov- 
ernment to  arbitration  unless  the  i)rinciples  which  should  govern  the 
Arbitrator  in  the  consideration  of  the  lacts  could  be  first  agreed  upon. 

"The  British  Commissioners  rei)lied  that  they  had  no  authority  to 
agree  to  a  submission  of  these  claims  to  an  Arbitrator  with  instructions 
as  to  the  principles  which  should  govern  him  in  the  consideration  of 
them.  They  said  that  they  shonld  be  willing  to  consider  what  princi- 
ples should  be  adopted  for  observance  in  future;  but  that  they  were  of 
opinion  that  the  best  mode  of  conducting  an  arbitration  was  to  submit 
the  fa(!ts  to  the  Arbitrator,  and  leave  him  free  to  decide  upon  them 
after  hearing  such  arguments  as  might  be  necessary. 

"  The  American  Conuuissiouers  replied  that  they  *wero  willing     [14] 


[15] 


[10] 


"It 


should 
countr 

"It 
the  Ar 
been  a^ 
such  pi 
Arbitrj, 

"  Tlr 
submis 

"At 


in 


[13] 


INTRODUCTION. 


11 


to  consider  what  principles  should  be  laid  down  for  observance  in 
similar  cases  in  future,  with  the  understanding  that  any  principles 
that  should  be  agreed  upon  should  be  held  to  bo  api)licable  to  the 
facts  in  respect  to  the  Alabama  Claims. 

"  The  British  Commissioners  replied  that  they  could  not  admit  that 
there  had  been  any  violation  of  existing  principles  of  International  Law, 
and  that  their  instnictious  did  not  authorize  tbem  to  accede  to  a  pro- 
posal for  laying  down  rules  for  the  guidance  of  the  Arbitrator,  but  that 
they  would  make  known  to  their  Government  the  views  of  the  Ameri- 
can Commissioners  on  the  subject. 

"  At  the  respective  conferences  on  March  9,  March  10,  March  13, 
March  14,  the  Joint  High  Commission  considered  the  form  of  the  de- 
claration of  princii)les  or  rules  which  the  American  Commissioners 
desired  to  see  adopted  for  the  instruction  of  the  Arbitrator  and  laid 
down  for  observance  by  the  two  Governments  in  future. 

''  At  the  close  of  tlie  conlereuce  of  the  14th  of  March,  the  British 
Commissioners  reserved  several  questions  for  the  consideration  of  their 
Government. 

"  At  the  conference  on  the  5th  of  April,  the  British  Commissioners 
stated  that  they  were  instructed  by  Her  Majesty's  Government 
[15]  to  declare  *that  Her  Majesty's  Government  could  not  assent  to 
the  proposed  rules  as  a  statement  of  principles  of  International 
Law  which  were  in  force  at  the  time  when  the  Alabama  Claims  arose,  but 
that  Her  Majesty's  Government,  in  order  to  evince  its  desire  of  strength- 
ening the  friendly  relations  between  the  two  countries,  and  of  making 
satisfactory  provision  ibr  the  luture,  agreed  that,  in  deciding  the  ques- 
tions between  the  two  countries  arising  out  of  those  claims,  the  Arbi- 
trator should  assume  thai  Her  Majesty's  Government  had  undertaken 
to  act  upon  the  principles  set  forth  in  the  rules  which  the  American 
Commissioners  had  i)roposed,  viz: 

"  '  Tliat  a  neutral  Government  is  bound, 

"  '  l^irst,  to  use  tUie  diligence  to  prevent  the  fitting  out,  arming,  or 
equipping,  v/ithin  its  juris(liction,  of  any  vessel  which  it  has  reasonable 
ground  to  believe  is  intended  to  cruise  or  carry  on  war  against  a  Power 
with  which  it  is  at  peace  ;  and  also  to  use  like  diligence  to  prevent  the 
departure  from  its  jurisdiction  of  any  vessel  intended  to  cruise  or  carry 
on  war  as  above,  such  vessel  having  been  specially  adapted,  iu  whole 
or  in  i)avt,  withiu  such  jurisdiction,  to  warlike  use. 

" '  Secondly,  not.  to  permit  or  sutler  either  belligerent  to  make  use  of 
its  ])orts  or  waters  .U",  tho  base  of  naval  0[)eration8  against  the 
[IG]  other,  or  for  *tlu^  puri)ose  of  the  renewal  or  augmentation  of  mil- 
itary supplies  or  arms,  or  the  recruitment  of  men. 

"'Thirdly,  to  exercise  due  diligence  in  its  own  i)orts  or  waters,  and, 
as  to  all  persons  within  its  jurisdiction,  to  prevent  any  violation  of  the 
foregoing  obligations  and  duties.' 

"It  being  a  condition  of  this  undertaking  that  these  obligations 
should  in  future  be  held  to  be  binding  internationally  between  the  two 
countries. 

"  It  was  also  settled  that,  in  deciding  the  matters  submitted  to  him, 
the  Arbitrator  should  be  governed  by  the  foregoing  rules,  which  had 
been  agreed  upon  as  rules  to  be  taken  as  applicable  to  the  case,  and  by 
such  principles  of  International  Law,  not  inconsistent  therewith,  as  the 
Arbitrator  should  determine  to  have  been  applicable  to  the  case. 

"The  Joint  High  Commission  then  proceeded  to  consider  the  form  of 
submission  and  tlie  manner  of  constituting  a  Tribunal  of  Arbitration. 

"  At  the  conferences  on  the  Gth,  8th,  9th,  10th,  and  12th  of  April  the 


\u  ■" 


'^t^ 


M 


^^  ' 


iK: 


.' 


i 


12 


INTRODUCTION. 


Joint  Uigh  Cominissiou  considered  and  discussed  the  form  of  submis- 
sion, the  manner  of  tbo  award,  and  the  mode  of  selecting  tlio  Arbitra- 
tors. 

,  "  Tlie  American  Commissioners,  referring  to  tlio  bopo  wbich 
they  liad  expressed  on  tbe  8th  of  *March,  inquired  whether  the  [17] 
British  Commissioners  were  prepared  to  place  upon  record  an  ex- 
l)ression  of  regret  by  Her  IMajesty's  Government  for  the  depredations 
committed  by  the  vessels  whose  acts  were  now  under  discussion ;  and 
the  British  Commissioners  replied  thatthej^  were  authorized  to  express, 
in  a  friendly  spirit,  the  regret  lelt  by  Her  ]\Iajesty's  Government  lor  the 
escai)e,  under  whatever  circumstances,  of  the  Alabama  and  other  ves- 
sels from  British  ports,  and  for  the  depredations  committed  by  those 
vessels. 

"The  America!'  Commissioners  accepted  this  expression  of  regret  as 
very  satisfactoiy  o  them  aiul  as  a  token  of  kindness,  and  said  that  they 
i'elt  sure  it  would  be  ;>o  received  by  the  Government  and  people  of  the 
United  States. 

"  In  the  conference  on  the  13th  of  April  the  Treaty,  Articles  I  to  XI, 
were  agreed  to.'* 
The  Treaty  referred  to  in  this  statement  was  signed  at  Washington 

Tho   Tr-^nty   of  ou  tlio  8th  day  of  May,  1S71,  and  the  ratilications  thereof 
wa»i,in£i,„i.  woi'Q  exchanged  at  London  on  the  17th  day  of  the  following 

Juue.    The  articles  which  relate  to  this  subject  are  the  following : 

"Article  I. 

"  "Whereas  differences  have  arisen  between  the  Government  of  the 
United  States  and  the  Goveniment  of  Her  Britannic  Majesty, 
and  still  exist,  ^growing  out  of  the  acts  committed  by  the  several      [18] 
vessels  which  have  given  rise  to  the  claims  generically  k;}own  as 
the  'Alabama  Claims ;' 

"And  wWercas  Tier  Britannic  i\rajesty  has  authorized  Her  High  Com- 
missioiu'rs  and  Plenipotentiaries  to  express,  in  a  friendly  spirit,  the  re- 
gret felt  by  Her  jNIajesty's  Government  for  the  escape,  under  wliatever 
circnmstances,  of  the  Alabama  and  other  vessels  from  British  i)orts, 
and  lor  the  depredations  committed  by  those  vessels : 

"  Now,  in  order  to  remove  and  adjust  all  com])laints  and  claims  on  the 
part  of  the  United  States,  and  to  i)rovide  i"or  the  speedy  settlement  of 
such  claims,  which  are  not  admitted  by  Her  Britannic  JMajesty's  Gov- 
ernment, the  High  Contra(;ting  Parties  agree  that  all  the  said  claims, 
growing  out  of  acts  committed  by  the  aforesaid  vessels,  and  generically 
known  as  the  'Alabama  Claims,'  shall  be  referred  to  a  Tribunal  of  Arbi- 
tration, to  be  composed  of  Jive  Arbitrators,  to  be  appointed  in  the  fol- 
lowing manner,  that  is  to  say  :  One  shall  be  named  by  the  President  of 
the  United  States;  one  shall  be  named  by  Her  Britannic  IVIajesty;  His 
Majesty  the  King  of  Italy  shall  be  requested  to  name  one  ;  tlie  Presi- 
dent of  the  Swiss  Confederation  shall  be  requested  to  name  one ;  and  His 
Majesty  the  Emperor  of  Brazil  shall  bo  requested  to  name  one. 

*  "  In  case  of  the  death,  absence,  or  incajiacity  to  serve  of  any  [19] 
or  either  of  the  said  Arbitrators,  or  in  the  event  of  either  of  the 
said  Arbitrators  omitting  or  declining  or  ceasing  to  act  as  such,  the 
President  of  the  United  States,  or  Her  Britamiic  I\Iajesty,  or  His  Ma- 
jesty the  King  of  Italy,  or  the  President  of  the  Swiss  Confederation,  or 
His  j\Iajesty  the  Emperor -of  Brazil,  as  the  case  may  be,  nniy  forthwith 
name  another  person  to  act  as  Arbitrator  in  the  place  and  stead  of  the  . 
Arbitrator  origiually  named  by  such  Head  of  a  State. 


[20] 


[21] 


[19] 


or 


INTRODUCTION. 


13 


"And  in  tlio  event  of  the  refusal  or  omission  for  two  uiontlis  after 
receipt  of  the  request  from  either  of  the  High  Contracting  Parties  of 
Ilia  Majesty  the  King  of  Italy,  or  the  President  of  the  Swiss  Confedera- 
tion, or  His  Majesty  the  Emperor  of  Brazil,  to  name  an  Arbitrator, 
either  to  till  the  original  appointment,  or  in  the  place  of  one  who  may 
have  died,  bo  absent,  or  incapacitated,  or  who  may  omit,  decline,  or 
from  any  cause  cease  to  act  as  such  Arbitrator,  Ilis  Majesty  the  King 
of  Swedeu  and  Norway  sliall  be  rccjuested  to  name  one  or  more  persons, 
as  the  case  may  be,  to  act  as  such  Arbitrator  or  Arbitrators. 

"Article  II. 

"  The  Arbitrators  sliall  meet  at  Geneva,  in  Switzerland,  at  the 
[20]  earliest  convenient  day  after  *  they  shall  have  been  named,  and 
shall  proceed  impartially  and  carefully  to  examine  and  decide  all 
qnestions  that  shall  be  laid  before  them  on  the  part  of  the  Governments 
of  the  United  States  and  Her  Britannic  Majesty,  respectively.  All 
questions  considered  by  the  Tribunal,  including  the  final  award,  shall 
ho  decided  by  a  majority  of  all  the  Arbitrators. 

"  Each  of  the  Iligh  Contracting  Parties  shall  also  name  one  person  to 
attend  the  Tribunal  as  its  agent  to  represent  it  generally  in  all  matters 
connected  with  the  arbitration. 

"Article  III. 

« 

"  The  written  or  printed  case  of  each  of  the  two  Parties,  accompa- 
nied by  the  documents,  the  oflicial  correspondence,  and  other  evidence 
on  which  each  relies,  shall  be  delivered  in  duplicate  to  each  of  the  Arbi- 
trators and  to  the  agent  of  the  other  Party  as  soon  as  may  be  after  the 
organization  of  the  Tribunal,  but  within  a  period  not  exceeding  six 
months  from  the  date  of  the  exchange  of  the  ratifications  of  this 
Treaty. 

"Article  IV. 

"  Within  four  months  after  the  delivery  on  both  sides  of  the  written 
or  printed  case,  either  Party  may,  in  like  manner,  deliver  in  dupli- 
[21]  cate  to  each  *of  the  said  Arbitrators,  and  to  the  agent  of  the 
other  Party,  a  counter-case  and  jvdditional  documents,  correspond- 
ence, and  evidence,  in  reply  to  the  case,  documents,  correspondence,  and 
evidence  so  presented  by  the  other  Party. 

"The  Arbitrators  may,  however,  extend  the  time  for  .delivering  such 
counter-case,  documents,  correspondence,  and  evidence,  when,  in  their 
judgment,  it  becomes  necessary,  in  consequence  of  the  distance  of  the 
place  from  which  the  evidence  to  be  presented  is  to  be  procured. 

"  If  in  the  case  submitted  to  the  Arbitrators  either  Party  shall  have 
specified  or  alluded  to  any  rej)ort  or  document  in  its  own  exclusive  pos- 
session, without  annexing  a  copy,  such  Party  shall  be  bound,  if  the 
other  Party  thinks  proper  to  apply  for  it,  to  furnish  that  Party  with  a 
copy  thereof;  and  either  Party  may  call  upon  the  other,  through  the 
Arbitrators,  to  produce  the  originals  or  certified  copies  of  any  papers 
adduced  as  evidence,  giving  in  each  instance  such  reasonable  notice  aa 
the  Arbitrators  may  require. 

"Article  V. 

"  It  shall  be  the  duty  of  the  agent  of  each  Party,  within  two  months 
after  the  expiration   of  the  time  limited  for  the  delivery  of  the 


:ll 


[■  : 

.; ■■          ■ .  'r 

.  (I 


1 . 


u 


m 


q'^ 


V' 


n  :l 


14 


INTP'^DUCTION. 


conntor-case  on  both  sides,  to  deliver  in  dnplicato  to  each  of  *the  [22] 
said  Arbitrators  and  to  the  agent  of  the  other  Party  a  written  or 
printed  argument,  showing  the  points  and  referring  to  tlie  evidence 
upon  which  his  Government  relies ;  and  the  Arbitrators  nuij',  if  they 
desire  further  elucidation  with  regard  to  any  point,  require  a  written  or 
printed  statement  or  argument,  or  oral  alignment  by  counsel  upon  it ; 
tjut  in  such  case  the  other  Party  shall  be  entitled  to  reply  either  orally 
or  in  writing,  as  the  case  may  be. 

"Article  VI. 

"  In  deciding  the  matters  submitted  to  the  Arbitrators  they  shall  bo 
governed  by  the  following  three  rules,  which  are  agreed  npon  by  the 
High  Contracting  Parties  as  rules  to  be  taken  as  applicable  to  the  case, 
and  by  such  juMnciples  of  International  Law,  not  inconsistent  therewith, 
as  the  Arbitrators  shall  determine  to  have  been  applicable  to  the  case : 

EULES. 

"A  neutral  Government  is  bound — 

"  First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming,  or 
equipping,  within  its  jurisdiction,  of  tiny  vessel  which  it  has  reasonable 
ground  to  believe  is  intended  to  cruise  or  to  carry  on  war  against 
a  Power  with  which  it  is  at  ])eace ;  and  *also  to  use  like  diligence  [23] 
to  prevent  the  departure  from  irs  jurisdiction  of  any  vessel  in- 
tended to  cruise  or  carry  on  war  as  above,  such  vessel  having  been 
specially  adapted,  in  whole  or  in  part,  within  such  jurisdiction,  to  war- 
like use. 

"  Secondly,  not  to  permit  or  suffer  either  belligerent  to  make  use  of 
its  ports  or  waters  as  the  base  of  naval  operations  against  the  other,  or 
for  the  purpose  of  the  renewal  or  augmentatio'.i  of  military  supplies  or 
arms,  or  the  recruitment  of  men. 

"  Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters,  and, 
as  to  all  persons  within  its  jurisdiction,  to  prevent  any  violation  of  the 
foregoing  obligations  and  duties. 

"  Uer  Britannic  Majesty  has  commanded  her  Iligh  Commissioners  and 
Plenipotentiaries  to  declare  that  Her  Majesty's  Government  cannot 
assent  to  the  foregoing  rules  as  a  statement  of  principles  of  Interna- 
tional Law  which  were  in  force  at  the  time  when  the  claims  mentioned 
in  Article  I  arose,  but  that  Her  Majesty's  Government,  in  order  to  evince 
its  desire  of  strengthening  the  friendly  relations  between  the  two  coun- 
tries, and  of  making  satisfactory  provision  for  the  future,  agrees  that 
in  deciding  the  questions  between  the  two  countries  arising  out  of 
those  claims,  the  Arbitrators  should  assume  that  Her  Majesty's 
*  Government  had  undertaken  to  act  ujion  the  principles  set  forth  [24] 
in  these  rules. 

"  And  the  High  Contracting  Parties  agree  to  observe  these  rules  as 
between  themselves  in  future,  .and  to  bring  them  to  the  knowledge  of 
other  maritime  Powers,  and  to  invite  them  to  accede  to  them. 

'  "Article  VII. 

"  The  decision  of  the  Tribunal  shall,  if  possible,  bo  made  within  three 
months  from  the  close  of  the  argument  on  both  sides. 

"  It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the 
Arbitrators  who  may  assent  to  it. 


[25] 


[20] 


INTRODUCTION. 


15 


"Tho  said  Tribnn.'il  shall  first  dctorininc  as  to  each  vessel  separately 
whether  Great  Britain  has,  by  any  act  or  omission,  failed  to  fnllill  any 
of  the  duties  set  forth  in  the  forc^^oin^'  three  rules,  oi-  reeoftnized  by  the 
prineiples  of  International  Law  not  inconsistent  with  such  rules,  and 
shall  certify  su(!h  fact  as  to  each  of  the  said  vessels.  In  ease  the-  Tri- 
bunal tlnd  that  Great  IJritain  has  failed  to  fidiill  any  duty  or  duties  as 
aforesaid,  it  may,  if  it  thiidc  projx'r,  i)rof;ee<l  to  award  a  sum  in  j;ross  to 
be  paid  by  Great  Britain  to  tlie  United  States  for  all  the  claims  referred 
to  it ;  and  in  such  case  the  }j;ross  sum  so  awarded  shall  be  paid  in 
[25]  coin  by  the  Government  of  iireat  Britain  to  the  Government  *of 
the  United  States,  at  Washin^jton,  within  twelve  months  after  the 
date  of  the  award. 

"  The  award  shall  be  in  duplicate,  one  coi)y  whereof  shall  be  delivered 
to  the  apent  of  the  United  States  for  his  Government,  and  the  other 
copy  shall  be  delivered  to  the  agent  of  Great  Britain  for  his  Goveru- 
uieut. 

"AUTICLE  VIII. 

"Each  Government  shall  ])ay  its  own  agent  and  provide  for  the 
proper  remuneration  of  the  counsel  emi)loyed  by  it  and  of  the  Arbi- 
trator appointed  by  it,  and  for  the  ex[)ense  of  i)reparing  and  submitting 
its  case  to  the  Tribuiud.  All  other  expenses  connected  with  the  arbi- 
tration shall  be  defrayed  by  the  two  Governments  in  equal  moieties. 

"Article  IX. 

"  The  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings, 
and  may  appoint  and  employ  the  necessary  oliicers  to  assist  them. 

"Article  X. 

"  lu  case  the  Tribunal  finds  that  Great  Britain  has  foiled  to  fulfdl 
any  duty  or  duties  as  aforesaid,  and  <loes  not  award  a  sum  in  gross, 
the  High  Contracting  Parties  agree  that  a  Board  of  Assessors 
[20]  shall  be  appointed  to  ascertain  and  determine  what  *claims  are 
valid,  and  what  amount  or  amounts  shall  be  paid  by  Great  Britain 
to  the  United  States  on  account  of  the  liability  arising  from  such 
failure,  as  to  each  vessel,  according  to  the  extent  of  such  linbility  as 
decided  by  the  Arbitrators. 

"The  Board  of  Assessors  shall  be  constituted  as  follows :  One  member 
thereof  shall  be  named  by  the  President  of  the  United  States,  one 
member  thereof  shall  be  named  by  Her  Britannic  Majesty,  and  one 
member  thereof  shall  be  named  by  the  Kepresentative  at  Washington 
of  His  Majesty  the  King  of  Italy;  and  in  ease  of  a  vacancy  hai)pening 
from  any  cause,  it  shall  be  filled  in  the  same  nniuner  in  which  the  orig- 
inal appointment  was  made. 

"As  soon  as  possible  after  such  non)inations  the  Board  of  Assessors 
shall  be  organized  in  Washington,  with  power  to  hold  their  sittings 
there,  or  in  New  York,  or  in  Boston.  The  members  thereof  shall  sevei'- 
ally  subscribe  a  solemn  declaration  that  they  will  impartially  and 
carefully  examine  and  decide,  to  the  best  of  their  judgment  and  accord- 
ing to  justice  and  equity,  all  n)atters  submitted  to  them,  and  shall 
forthwith  proceed,  under  such  rules  and  regulations  as  they  may  pre- 
scribe, to  the  investigation  of  the  claims  wliich  shall  be  presented  to 
them  by  the  Government  of  the  United  States,  and  shall  examine  and 
decide  upon  them  in  such  order  and  manner  as  they  may  thiidc 
[27]     *proper,  but  upon  such  evidence  or  information  only  as  sliall  be 


,1 

■I  ■; 


lif 


1 


16 


INTRODUCTION. 


1' 


I'urnislied  by  or  on  bolialf  of  tlio  Govornmoiits  of  tlio  United  States  and 
of  (iiout  Ijiilain  respectively.  They  shall  bo  bound  to  bear  on  each 
Bcparate  claim,  if  required,  one  person  on  behalf  of  each  Government, 
as  couns(^l  or  ajicMit.  A  majority  of  tbe  Assessors  in  each  case  shall  be 
suUicient  for  a  decision. 

"  The  decision  of  the  Assessors  shall  be  given  upon  each  claim  in 
writiiiKj  iiiid  shall  bo  signed  by  them  resi)ectively  and  dated. 

"Every  claim  shall  be  presented  to  the  Assessors  within  six  months 
from  the  day  of  their  lirst  meeting',  but  they  may,  for  good  traiise  shown, 
extend  the  time  for  the  i)resentatiou  of  any  claim  to  a  further  period 
not  exceeding  three  months. 

"  The  Assessors  shall  report  to  each  Government,  at  or  before  the 
expiration  of  one  year  from  the  date  of  their  lirst  meeting,  the  amount 
of  claims  decided  by  them  uj)  to  the  date  of  such  report ;  if  further 
claims  then  remain  undecided,  they  shall  make  a  further  rei)ort  at  or 
Vefore  the  exjMration  of  two  years  from  the  date  of  such  first  meeting; 
and  in  case  any  (;laiuis  remain  uiuletermined  at  that  time,  they  shall 
make  a  linal  report  within  a  liirther  period  of  six  months. 

"The  report  or  rei»orts  shall  bo  made  in  duplicate,  and  one 
copy  thereof  shall  be  delivered  to  the  *Secretary  of  State  of  the     |28] 
United  States,  and  ono  cojjj'^  thereof  to  the  llepresentativo  of 
Her  Britannic  Majesty  at  Washington. 

"  All  sums  oi'  money  which  may  be  awarded  under  this  Article  shall 
be  payable  at  Washington,  in  coin,  within  twelve  months  after  the  de- 
livery of  each  report. 

"  T\ut  IJoard  of  Assessors  may  employ  such  clerks  as  they  shall  think 
necessary. 

"  The  expenses  of  the  Board  of  Assessors  shall  be  borne  equally  by 
the  two  tiovernments,  and  paid  from  time  to  time,  as  may  be  found 
expedient,  on  the  production  of  accounts  certified  by  the  Board.  The 
reuuiueration  of  the  Assessors  shall  also  be  paid  by  the  two  Govern- 
ments in  equal  moieties  in  a  similar  manner. 

"Article  XI. 


I' 


"The  ITigh  Contracting  Parties  engage  to  consider  the  result  of  the 
proceedings  of  the  Tribunal  of  Arbitration  and  of  the  Board  of  Assess- 
ors, should  such  Board  bo  appointed,  as  a  full,  perfect,  and  iinal  settle- 
ment of  all  the  claims  hereinbefore  referred  to ;  and  further  engage 
that  every  su(;h  claim,  whether  the  same  maj'  or  may  not  have  been 
presented  to  the  notice  of,  nmde,  preferred,  or  laid  before  the  Tribunal 
or  Board,  shall,  from  and  after  the  conclnsion  of  the  proceedings 
of  the  Tribunal  *or  Board,  be  considered  and  treated  as  linally  [29] 
settled,  barred,  and  henceforth  inadmissible." 

In  accordance  with  the  provisions  of  Article  III  of  the  Treaty,  the 
United  States  have  the  honor  to  lay  before  the  Tribunal  of 
»tauM°wiii%u"n'pi  xlrbitration  this  their  "  Printed  Case,"  accompanied  by  the 
io«ti.bi,.u.  documents,  the  official  correspondence,  and  other  evidence 

on  which  they  rely.  They  propose  to  show,  by  a  historical  statement  of 
the  course  pursued  by  the  British  Government  toward  the  United  States, 
from  the  outbreak  of  the  insurrection  in  the  Southern  States  of  the 
United  States,  that  there  was  on  the  part  of  the  British  Government  a 
studied  unfriendliness  or  fixed  predisposition  adverse  to  the  United 
States,  which  furnished  a  constant  motive  for  the  several  acts  of  omis- 
sion and  commission,  hereinafter  couii)lained  of,  as  inconsistent  with 
it«  duty  as  a  neutral. 


INTRODUCTION. 


17 


riavinff  tulducod  tlio  eviilenoe  of  tliiw  fiict,  f lie  TTiiitcd  Slates  will  next 
ondoiivor  to  indicate  to  the  Tiibuyal  of  Arbitration  wliat  they  deem  to 
have  been  the  duties  of  Great  Britain  toward  the  United  States,  in  re- 
spect to  the  several  eruiscrs  wliieh  will  be  named  in  this  [)ai>ev. 

They  will  tlien  endeavor  to  sliow  (liat  Great  ]Jritain  i'ailed  to  per- 
form those  duties,  both  generally  and  specilically,  as  to  eaeh  of  the 
cruisers;  and  that  such  failure  involved  the  liability  to  remuuerato 
[.]()]      *the  United  States  for  losses  thus  indicted  upon  them,  upon  their 
citizens,  and  upon  others  protected  by  their  llaj,'. 

Lastly,  they  will  endeavor  to  satisty  the  lYibunal  of  Arbitration  that 
it  can  iind,  in  the  testimony  which  will  be  ottered  by  the  United  States, 
ample  material  for  estimating  the  amount  of  such  injuries,  and  they 
will  ask  the  Tribunal  to  exercise  the  i)owers  conferred  upon  it  by  Article 
VU.  of  the  Treaty,  in  awardinjj;'  "a  sum  in  f?ross,  to  be  ])aid  by  Great 
Uritain  to  tlie  United  States,  for  all  the  <;laims  referred  to." 

In  xVi)ril,  1S01>,  the  President  eonnnunicated  to  the  Senate  a  mass  of 
otlicial  coi-respondence  and  other  ])ap(U's  relating  to  those 
claims,  which  was  printed  in  live  volumes.  These,  and  two 
additional  volumes,  containing  further  corresi)ondence,  evi- 
dence, and  documents  accompany  this  case.  The  whole  will  form  "  the 
documents,  the  ollicial  correspondence,  and  the  other  evidence  on  which 
[the  United  States]  relies,"  whicli  is  called  for  by  Article  III  of  the 
Tieaty.  IJeference  will  be  made  throughout  this  paper  to  these  volumes 
thus:  "Vol.  I,  page  1,"  «S:c.,  &c.,  &c.  The  United  States  understand, 
however,  that  they  may,  under  the  terms  of  the  Treaty,  pnisent  here- 
after "additional  documents,  correspondence,  aud  evidence,"'  and  they 
reserve  the  right  to  do  so.  ' 

S.  Ex.  31 2 


Kviilr'ii'p  '('1 1  (I'pr- 
tiinf'ni.'i.  iiiid  how  le- 


M    (1 


% 


^il 


i 


!'•'« 


).■!? 


.l;J*li 


vj'y  ^tV*'^'- 


;  i ;  r-     -?•;• 


>M;'!  f«  5<j  iii  K>;   "iy|:i   figi' 


!  i 


1  r 


[31] 


*PART  II. 


THE  UNFIIIENDLY  COUliSE  ITIJSUED  IIY  flKEAT  niHTAIN 
TOWAlll)  THE  UNITED  STATES  ]^J{OM  THE  OUTDUEAK 
TO  THE  CLOSE  OF  THE  I^'SUIUIECTION. 


U.'lllinn.* 

iHv.t    Dril.i 
1.)  i-vji. 


if     tin 

<    ».th 
1  iirtur 


111  1800  tlio  United  States  liail  been  an  iiulej)en(lent  nation  for  a  iieriotl 
of  ei{;lit,v-fonr  years,  and  aelcnowledged  as  «ucli  by  CJreat 
IJritain  for  a  period  of  .seventy-seven  years. 

Durinji'  this  ])eriod,  wliile  sliarinj,'  to  a  reniarlvablt^  extent 
in  the  fi'eiieral  prosperity  of  tlie  Uliristian  I'owers,  they  had  so  conducted 
their  relations  toward  those  Powers  as  to  merit,  and  tlieyl>eli»!vedtliat  they 
liad  secured,  tlie  ftood-uiil  and  esteem  of  all.  Their  prosperity  was  the 
result  of  honest  thrift;  their  exceptional  increase  of  population  was  tho 
fruit  of  a  voluntary  iinniij^ration  to  their  shores;  and  the  vast  exteu- 
sion  of  their  donuiin  was  ac(piired  by  ])urcliase  and  not  by  coiKpiest. 

From  no  i)eople  had  they  better  right  to  expect  a  Just  Judguu'nt  than 
from  the  people  of  Great  Britain.  In  1783,  the  >Var  of  Sei)aratiou  had 
becui  closed  by  a  treaty  of  i>ea(;e,  which  adjusted  all  the  «iuestioiis  then 
])endiua;  between  the  two  Governiiients.  In  17!)4,  new  questions 
[32J  having  arisen.  *RTOwing  out  of  the  elforts  of  France  to  make  the 
])orts  of  the  United  States  a  base  of  hostile  operations  against 
Great  Britain,  a  new  treaty  was  made,  at  the  instance  of  the  United 
States,  by  which  all  the  ditliculties  were  arranged  satisfactorily  to  Great 
Britain,  and  at  the  same  time  so  as  to  preserve  tho  neutrality  and  the 
liimor  of  the  United  States.  In  the  same  year,  also,  the  tirst  neutrality 
act  was  passed  by  Congress,'  prescribing  rules  and  establishing  the 
modes  of  proceeding  to  enable  the  United  States  to  perform  their  duties 
us  a  neutral  toward  Great  Britaui  and  other  belligerents.  In  1812,  they 
were  forced  into  w'ar  with  Great  Britain,  by  the  claim  of  that  Power  to 
impress  seamen  on  the  high  seas  from  vessels  of  the  United  States. 
Alter  three  years  the  war  ceased,  and  the  claim  has  never  since  been 
practically  enforced.  In  1818,  they  met  British  negotiators  more  than 
half-way  in  arranging  disputed  ])oints  about  the  North  American  Fish- 
eries. In  1827,  having  added  to  their  own  right  of  discovery  the  French 
and  Spanish  titles  to  tliePacilic  coast,  they  voluntarily  agreed  to  a  joint 
occupation  of  a  disputed  portiou  of  this  territory,  rather  than  resort  to 
the  last  arbitrament  of  nations.  In  1838,  when  a  serious  rebellion  pre- 
vailed ill  Canada,  the  Congress  of  the  United  States,  at  the  request 
[33]  of  Great  Britain,  *passed  an  act  authorizing  the  Government  to 
exercise  exceptional  powers  to  maintain  the  national  neutrality. 
In  1842  the  Government  of  the  United  States  met  a  British  Envoy  in  a 
spirit  of  conciliation,  and  adjusted  by  agreement  the  disputed  boundary 
between  Maine  and  the  British  Possessions.  In  1840  they  accepted  the 
proposal  of  Great  Britain,  made  at  their  owu  suggestion,  to  adopt  the 
forty-ninth  parallel  as  a  comi>romise  line  between  the  two  Columbias, 
and  to  give  to  Great  Britain  the  whole  of  Vancouver's  Island.  In  1850 
they  w^aived,  by  the  Claytou-Bulwer  Treaty,  the  right  of  acquisition  on 
the  Isthmus,  across  which  for  many  years  the  line  of  communication 


•  For  au  abstract  of  thia  act  see  Vol.  IV,  pp.  102, 103. 


^'fei 


20 


UNTIUENDLINESS   OF   OHRAT   HRITAIV. 


i* 


»■ 


fVom  oi'f  piirt  of  Ihcii'  (lominioiis  fo  tlic  otlicv  niiist  rnti.  Tii  IS^l  tlicy 
(•oiirciii'd  upon  llic  jicoplc  (»r  Hie  Mritisli  I'o'^scssioiis  in  Xojili  Aiiiciicii 
the  ii(lviiiit;i^('.s  (>r  ii  Ircc,  lull  (■(iiiiinciciiil  iiitcifoiir'ic  with  tlic  I'liitcd 
Stiilcs  for  tlicir  piodiicts,  without,  scciiiiii;,'  <*orr('spoiHliiiy:  IiciicIWh  in  re- 
ttini.  'riiiis  11  si  lies  of  (lilllciilt  (|ii('>;tioiis.  suiik'  of  which  iiii;;lil  lia\o 
h'll  to  w;ir,  hn»l  Itccii  pcacfiihly  ;'.riaii;j;fil  l»y  iic^itlialioiis.  nii'l  tin*  in- 
( rcasiii-;'  iiil('icoiii'S(^  of  I  lie  two  iialioiis  was  const  ant  ly  fosti'ic(l  liy  <'tai- 
tinwin;^'  acts  of  IViciullincss  on  the  part  of  tlii^  (lovcinnH'iit  of  tlic  United 
States. 

All  the  political  relations  nf  the  I'nited  States  with  l']n';Iaiid,  with  tlio 


.ily   I.  III,. 


tf  till'  I" 
rill  DID  II)  (f*0'>. 


exception  of  the  episode  of  the  war  of  ISJ'J.  had  heeu  thoo 
of  increasiii'^' amity  and  Irieiidship.  eonlirnied  i>y  a  re- 
peated *yie1din!;'  of  extreme  ri.'^hts,  rather  than  imperil  the  cordial  [.il] 
relations  which  (he  Tnited  States  so  much  desirid  to  maintain  witii 
their  n«'arest,  iiei^ddtors,  their  liest  cust(»merH,  and  their  lilood  rehitions. 
They  had  };(Mtd  ri,uht,  tlierefoi'e,  to  helieve,  ami  they  did  helicM-,  that, 
hy  \  irtue  of  this  friendly  political  umlerstandin;;',  and  in  coirsecpiencti 
of  the  fiiailiial  and  steady  assimilation  of  the  commercial  interests  and 
the  liiMincial  policii's  of  tin'  two  (ioxcrnmonts.  there  was  in  (Ireat  i'.ritain, 
ill  the  summer  of  isiio,  sympathy  loi-  the  (JovernmenI  ami  affection  for 
the  jieople  of  the  [Jnited  States.  They  liad  eiiual  reason  to  think  that 
neither  the  IJrilisli  (loveiinnent  nor  people  would  look  with  eilher  iivno- 
rance  or  unconcern  upon  any  disas.cr  to  them.  Al»o\e  all,  they  had  at 
that  time  a  ri^ht  to  leel  coniideut  tliat,  in  any  controversy  which  mi.ulit 
f^row  out  of  the  nidiappy  existenci*  of  African  slavery  in  certain  of  the 
Soulhern  States,  the  Hritish  (Jovernment  would  not  exercise  itssovcr- 
ei;;u  powers,  questioiuibly  or  unquoslionably,  in  favor  of  the  supportcrn 
of  .slavery. 

On  the  (Jtli  day  of  Novombor,  in  that  year,  the  jurisdiction  of  the  CJov- 
Tiio  imuu Kuie.  em UHMi t  of  t lu^  United  States  extended  nn(iuestioned  over 
'""*^-  eighteen  States  from  which  African  slavery  was  ex- 

cluded;' over  *iift«'en  States  in  which  it  was  established  by  law  ;*      ['!.■)] 
and  over  a  vast  territory  in  v.hich,  under  the  then  prevailin;^'  laws, 
persons  witli  Afri(;an  blood  in  their  veins  could  be  held  as  slaves. 

This  lavye  unsettled  or  partially  settled  territory,  as  it  nn,y;ht  beeomo 
peopled,  was  also  liable  to  Ik^  <livided  into  new  States,  which,  as  they 
entered  the  Union,  mi;4ht,  as  the  law  then  stood,  become  '•  Slave  States," 
thus  <4ivinj4'  the  i'.dvocates  of  slavery  an  increased  strength  in  the  Con- 
<.';ress  of  the  nation,  and  more  especially  in  the  Senate,  and  a  more  ab- 
solute control  of  the  National  Government. 

Since  the  date  iiametl  three  new  States,  cntitled.to  a  representation 
of  SIX  Senators  in  the  National  Senate,  have  been  admitted  into  the 
Union  from  this  territory  ;•'  and  the  remainder  of  the  jjreat  dominions 
of  the  United  States  is  now  divided  into  ten  incipient  political  organi- 
zations, known  as  Territories,  which,  with  one  exception,  nniy  at  some 
future  time  become  States.* 


'  Jliiiiie,  >.  '.V  Ihiinpsliiio,  Vcniioiit,  MiisKucliusi'tts,  llhodo  Islaiul,  CoHMecticiit,  New 
Yoi'lc,  New  .IiTsey,  ruinisylvaiiiu,  Ohio,  Iiuliimit,  IHiuoin,  Micbiyan,  Iowa,  Wiacousiii, 
Caliloiuiiv,  MiiineBota,  Oi<';f<)ii. 

-  Dehiwtui',  Maryland,  Virginia,  North  Carolina,  South  Carolina..  Gtorfviti,  Kentucky, 
Ti'nni'ssi'C,  Loui.'uina,  JliMsiK.sipiii.  Alabama,  Minsouri,  Ailvansai-;,  Florida,  Texas. 

^Nevada,  N(l)raska,  Kansas.  West  Virjfinia  was  I'ornied  lioni  a  jjoition  of  the  terii- 
tovy  of  Vir<;iiiia,  and  for  this  reason  does  not  conio  within  the  meauinj^  of  the  text, 
tlmuj^h  it  beeanio  a  State  after  the  date  mentioned. 

■•New  Mexico,  Utah,  Washin;;ton,  Dakota,  Colorado,  Arizona,  Idaho,  Mont.ina,  Wy- 
oming, District  of  Colnmhiu.  The  territory  known  as  the  Indian  Territory  is  without 
political  orj^auization,  having  ueither  Covernor  nor  Delegate  iu  Congress.  It  cannot 
be  considered  as  coming  within  the  meaning  of  the  text. 


54  tlicy 
Virici  icil 

I'liitcd 
fs  ill  ic- 
III  liavo 
I  the  ill- 

It.V  coii- 

lyiiitcti 

rt'itli  tlio 

•II  tll(»   0 


I'latioiis. 
vc,  tliat, 

KMlllCllCt"! 

csts  ami 
ili'itaiii, 
('lion  lor 
ink  that 
icr  iv.'iio- 
y  had  at 
•h  iiii.uht 
ill  of  tlici 

ts  SO\CI'- 

il)[iorU'is 

tlicClov- 
lU'd  ovi'i" 


[:;:.] 


.2 


CS. 

become 
,  as  llicy 

States," 
the  Coii- 
iiiore  ub- 

entation 

into  the 

ominions 

1  oi'{;ani- 

at  soiiio 


■ticnt.  New 
Wiscousiii, 

Kentucky, 

XilS. 

f  the  tfi-i  i- 
>r  the  text, 

iitann,  "Wy- 
in  without 
It  cannot 


m 


UNFUIKJfPUNESS   OF   OUr.AT    IMMTAIX.  21 

'Tl.ie  i'Clit'ral  elcetion  i'ov  I'resiilciit  of  (lie  United  States,  uliieli 


took  place  on  tlic  Cfi*  of  NoVfiii'"  r,  ISIJH,  was  con- 


l'l<'<'1IJt|      IJl'      Mr 


Of  AliliKur 


diieteil  in  stiici  eonloniiity  wtiU  llic  piuv  ,->ioii,s  of  tiic  Coii- 
stilnlioii  and  laws  of  flu-  eonndy,  i(f»d  ic>n((i'd  in  llic  clioicc  of  Abra- 
liaiii  liiiicoln.  Tlie  party  >  hidi  t'leeh  <l  liim  was  pled.u'ed  in  advance  to 
iiiainlain  ''tliat  the  nornial  ei;nditioii  of  all  {Ih*  territory  of  the  Cnit'.d 
Mates  is  that  of  freedom,"  and  ti'  "deny  tim  aiitlioijtv  of  ('on;;i<'ss,  of 
a  Tct'iitoiial  ]je;;islaliire,  <»r  of  any  imli\  idiiais,  lo  oi\t'  leual  exislcnee 
to  slavery  in  any  Tenitory  of  llic'  I'nited  States."'  The  word  "  Teni- 
loiy"  is  iicre  used  in  the  alio\t'iuciit  ioned  sense  of  an  incipient  political 
oi;;an!/.atioii,  wliieh  may  at  some  liiliire  time  Im come  a  Slate. 

This  decision  of  tln^  peojile  of  the  1,'iiited  States  was  resisted  by  some 

of  the  inhabitants  of  the  States  where  slavery  prevailed.     ^, ,„„„i,o,.u 

The  people  of  South  (,'aro!iiia,  with  an  undoiiltted  unanimity,  ''"'■'"'■ 
coiiimeiieetl  the  hostile  liiovemeiif.  in  tln'  followiii;;'  month  they  ]>ro- 
claiined,  tliroii;;h  a  Slatcj  ('on\«'ntion,  lliiii'  purpose  to  secede  from  the 
Inioii,  Iteeause  the  jiaity  about  to  come  into  jjower  had  "announced 
that  the  South  shall  be  excluded  iVoin  the  common  terii- 
loiy."-  The  State  of  Alabama,  on  the  1  Itli  of  .laiiii- 
[.'57J  nry,  with  *iiiueh  less  iinaiiimily,  (the  vote  in  the  ('onveiition  beinj^' 
(JI  ayes  to  .'>!)  nays,')  followed  the  example  of  South  (!aidliiia, 
fjfivin;;'  a.i  tlieir  reason  that  the  election  of  Mr.  Jiincoln  "by  a  sectional 
jKirty,  avowedly  hostile  to  tli<'  domestic  institutions  |/.  c.,  .shivery|  of 
Alal>ama,"  vas  "a  political  wrony  of  an  iiisultiny  and  Jiienaciiiij  cbar- 
aib'i'.''' 

The  State  of  (leor^^ia  l"ollowed  after  a  inncli  {greater  strir^f^le,  in  which 
the  party  in  favor  of  reinainino'  in  the  l'iii(»n  resistetl  to  the  „r  o.,,,,,..  unj 
last,  the  linal  vot(^  bein^'  L'OS  ayes  to  S!)  nays.''  Morida,  '"i"f»''""' 
]\lississipi)i.  Louisiana,  and  Texas  eiich  fiame<l  an  ordinance  of  secession 
from  the  I'nion  beibre  the  1th  of  I'l-briiary,  in  each  ease  with  more  or 
less  unanimity. 

On  the  Itli  of  iM'bruary,  ISOI,  representatives  from  somt^  of  the  States 
^vllicll  had  attemi)tcd  to  ;i()  throiijih  thefoiinof  sec<'ssion,  „|,,„„,,„<,„  ,„  ,i„, 
and  representatives  fioin  the  State  of  North  (Jarolina,  which  I;,;"[' ";;')!  1^™,.^ 
had  not  at  that  time  attempted  il,  met  at  Alout^^diiiery,''  in  ■■!  - -^  "• 
the  State  of  Alaliaina,  for  tlie  jr.iipose  of  (  i  ini/inj^'  a  i)rovisioiial  ^ov- 
onuuent,  and  liaviiij,Mlone  so,  eleiled  ^"Mr.  .1.  vson  J)avisas  the  I'rovis- 
ioiial  rresident,and  !\lr.  Alexaii<ler  i  1.  Stephens  as  the  rrovisioiial 
[oSj  Vice-1'resideiitof  llic  jiroposed  *("oiii'ederation.  Jii  accept  in;;' this 
ollice,  on  the  ISth  of  February,  ^Ir.  .lelfeison  Davis  said  :  ""  Wc 
have  vainly  iMideavored  to  secure  tiampiillity  an<l  obtain  respect  for  the 
ri^^hts  to  which  we  wei'eeiititle(l,"'j/.  r.,  theri,!4ht  to  extcml  the  domains  of 
slaveiy.]  "As  a  necessity,  and  not  a  choice,  we  have  resorted  to  the 
remedy  of  Si'paration."  *  *  'Our  industrial  pursuits  have  received  no 
check;  the  cultivation  of  our  liclds  pro<>re.sses  as  lieretofore;  and  even 
shouhl  webc  involved  in  war,  there  would  be  no  considerable  dininution 
in  the  ])roducLion  of  the-  staples  which  have  constituted  our  exi)orts,  in 
Avhich  the  commercial  world  has  an  interest  scarcely  less  than  our  own. 
This  common  interest  of  ]iroducer  and  consumer  can  only  be  intercepted 

'  (Jrccli'v'.s  Anii'iii;au  Conilict,  Vol.  I,  iia;;t' u'iO. 

2  ih.i'lier.sou's  History  of  tiio  lv(!bi'llioii,  iia<;o  lij. 

'^  Jkkl^hcrsou'K  lli.stoiy  ol' th(!  lii'beliioii,  iiam:  4. 

^A[ii)lctim'H  Annual  Cycloiiaulia,  1H(;1,  pa.^o  10.  ■         ,. 

*Mcl'la'ison'«  History  of  tlie  ii(^l)t.■llion,  i)at;e  ;i. 

SApiili'ton'is  Annual  CyelojiiLMlia,  1(^(J1,  Vol.  1,  i^ajjc  120.       

'Appletou'.s  Annual  Cyclopaidia,  L:?U1,  pa»i' UIJ, 


tz 


)'■' 


r\ 


22 


TIXFRIF.NDL?  TESS   OF   GREAT   DRITAIN. 


J'? 


iff 


by  an  oxtcriov  fdirc,  wliii-li  slionld  (»l)strnc't  its  tvansinission  tp  forcijin 
iiiiiikets — ii  couisc  of  coiulnct  which  would  he  (Ictriiiu'iiliil  to  the  iniitin- 
liu'tuiiii.i;'  iiiul  coniinorcial  interests  abroad." 

i\Ir.  Stephens  sjjoke  witli  still  more  explieitnoss.  lie  said  '  the 
"  foiuidations  [of  tlie  new  in'overiniienij  are  laid.  Its  eorner-stone  rests 
upon  the  j^reat  truth  that  tlie  iie.uro  is  not  ecpial  t(>  the  white  man  ;  that 
slavery — subordination  to  the  superior  race — is  his  natural  and  moral 
condituMi.'' 

•*IIaviniii'thusf()rmallydeelaredthat  the  eontemi»lated  limitation  [.'50] 
of  the  territory  within  which  ueyro  slavery  should  be  tolerated  was 
the  sole  cause  of  the  projected  separation,  and  havinj;  appealed  to  the 
■\V(H'ld  to  support  them,  tlie  secedinp;  iState.A  made  elforts,  which  ])roved 
vain,  to  induce  the  other  slave  States  to  Join  them.  No  other  States 
]iassed  ordinances  of  seccessiou  until  after  the  fall  of  Fort  Sumter.  On 
t!ie  conriiiry,  the  lu-ople  of  the  States  of  Tennessee- and  ^lissouri''  before 
Miat  time  voted  by  larp^  majorities  aji'ainst  secession  ;  and  in  the  States 
(»f  North  Carolina  and  A'ir.^inia.  conventions  wei'e  called  and  were  in 
session  when  some  of  the  events  hereinafter  referred  to  took  place;  and 
these  bodies  wci'c  known  to  be  opposed  to  the  revolutionary  movenu'iits 
in  South  Carolina  and  the  six  States  borderin<>"  on  the  (iulf  of  Mexico. 

A  laru'c  minority,  H'  not  a  majority,  of  the  jH'ople  of  the  slave  States 
known  as  Border  States,  and  of  the  mountainous  parts  of  the 
sr.,;ti,  <i.i'o>mi  u.  SIX  Statcs  Kuowuas  tlic  (.rull  urates,  did  not  desire  separation. 
They  were  attached  to  the  Union,  which  had  fostere<l  and 
])rotected  their  interests,  and  they  exi>resse<l  no  dissatisfa(;tioii,  except 
v.ith  the  proi)osed  policy  as  to  the  extension  of  slavery,  and 
*in  many  cases  not  even  with  that.  Their  feeling's  were  forcibly  [40J 
expressed  l»y  the  distin.uuished  Alexander  IT.  Stephens.  Trovisional 
Vice-President  of  the  Montgomery  (lovernment.  in  a  spe<H'h  made  in  the 
Convention  in  (leor.uia  beibre  that  State  jjassed  the  or<lin,inc<'  of  seces- 
sion, and  about  two  months  before  he  accepted  ollice  at  j\b)ntjiomerv. 
lie  said,^  "Tliis  step  [of  secessionj  once  taken  can  nevt-r  be  recalled  ;  and 
all  the  baleful  and  witheiinj,'  conse<iuences  that  must  follow  will  rest  on 
the  Convention  Ibr  all  cominj;'  time.  AVlien  we  and  our  i)osterity  shall, 
see  our  lovely  South  desolated  by  the  demon  of  war,  which  this  act  of 
yours  -will  inevitably  invite  and  call  forth:  when  our  jireen  fields  of 
waving- harvest  shall  bt;  trodden  down  by  the  mui'derous  sokbery  and 
llery  car  of  war  sweeping?  over  our  land  :  our  temples  of  justice  laid  in 
ashes;  all  the  horrors  and  desolations  of  war  upon  us,  who  but  this 
Coiivenlion  will  be  held  responsible  for  it,  and  who  but  liim  who  shall 
have  given  his  vote  for  this  unwise  and  ill-timed  measure,  as  I  honestly 
think  and  believe,  shall  be  held  to  strict  account  for  this  suicidal  act  by 
the  pTesent  jieneration,  and  probably  cursed  and  execrated  by  posterity 
for  all  coming-  time,  lor  the  wide  and  desolating  ruin  that  will  in- 
evitably follow  this  act  you  now  pro]iose  toi)er])e*trate  ?  Pause,  [41 J 
I  entreat  you,  and  consider  for  a  moment  what  reasons  you  can 
give  that  will  even  satisfy  yourselves  in  calmer  moments;  what  reasons 
you  can  give  to  your  fellow-sufferers  in  the  calamity  that  it  will  bring 
upon  us.  What  reasons  can  you  give  to  the  nations  of  the  earth  to 
justify  it  ?  They  will  bo  the  calm  and  deliberate  judges  in  the  case,  and 
what  cause  or  overt  act  can  you  name  or  point  to,  on  which  to  rest  the 
plea  of  justiiication?    What  right  has  the  North   assailed?    What 

'  Apiiktou's  Animal  Cytlona'dia,  l?-t)l,  iiaj^e  129. 
-  Md'heiKoii's  History  of  the  Keljellion,  iiagL'  Ti. 
"  Applctou's  Aiiiiiiiil  CyclopLcdia,  18(31,  piigu  478. 
♦  McPbei'fion's  Ilistcry  of  the  Rebellion,  page  20. 


tp  foroifin 
Mo  uuum- 

said  '  tlio 
tone  rests 
Diiii ;  thiit 
111(1  inoial 

ion  [30] 
ivas 

iUhI  to  tlio 
eh  ]n'{n(Ml 
ler  States 
liter.     On 
iiri''  before 
the  States 
1(1  were  in 
[ilaee;  and 
iioveineiits 
f  Mexico, 
ave  States 
)artsor  the 
reparation, 
stered  and 
ion,  except 
and 

•ibly      f'lOJ 
onal 

lade  in  the 
i*e  of  se(!es- 
)iitji'oiiu'ry. 
ailed;  and 
ivill  rest  on 
terity  shall, 
this  act  of 
en  fields  of 
)ldM'ry  and 
tiee  laid  in 

10  lint  this 
I  Avho  shall 

1 1  honestly 
idal  act  by 
lY  posterity 
il  in- 

mse,  [41] 
I  can 

hat  reasons 
t  will  brinff 
he  earth  to 
lie  case,  and 
to  rest  the 
ed?     What 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


23 


interest  of  the  South  has  been  invaded  ?  Wliat  justice  has  been  denied  9 
And  what  claim  founded  in  justice  and  rij?ht  has  been  withheld  ?  Can 
cither  of  you  to-day  name  one  {^governmental  act  of  wrong,  deliberately 
and  i)urposely  done  by  the  Governiner.t  of  Washington,  of  which  the 
South  has  a  right  to  com])lain  ?    I  challenge  the  answer." 

All  the  facts  above  referred  to  in  this  paper  were  patent  to  the  whole 
world,  were  ostentatiously  ])ut  forth  by  the  insurgents,  and  were  openly 
conunented  upon  by  the  public  press  throughout  the  United  States.  It 
is,  therefore,  not  unreasonable  to  presume  tliat  the  British  Government 
received  from  its  repr(>sentatives  and  agents  in  the  Unit(Hl  States  fall 

information  concerning  them  as  they  took  place.  To  suppose  the 
[42]      *  contrary  would  be  to  ignore  the  well-known  fidelity  of  those 

ofticers. 
'My.  Lincoln  entered  upon  the  duties  of  his  oflTice  on  the  4tli  of  Manjh, 
1801.  lie  found  the  little  Army  of  the  United  States  scat-  i„„„„„„ti.m  of 
tered  and  disintegrated;  the  >;avy  sent  to  distant  (piarters  »'''-'""'"■• 
of  the  globe;  the  Treasury  bankrujit;  the  credit  of  the  United  States 
seriously  injured  b^  foiced  sales  of  (iovernnient  securities;  the  public 
service  demoralized;  the  various  Departments  of  the  Government  filled 
witli  unfaithful  (clerks  and  ofUcers,  whose  sympathies  were  with  the 
South,  who  had  been  ])laced  in  their  ])ositions  for  the  purpose  of  par- 
alyzing his  administration.  These  facts,  which  were  known  to  the 
world,  must  have  attracted  the  attention  of  the  observant  Kepresenta- 
tive  of  Great  Ibitain  at  Washington,  and  nmst  have  enabled  him  to 
make  clear  to  his  Government  the  reasons  why  the  Cabinet  at  Washing- 
ton must  i)ause  befbic  asserting  its  rights  by  for(;e. 

The  new  Government  took  an  early  oi)i)ortunity  to  inform  the  British 
Government  of  its  imrposes.^    On  the  '.)th  of  JMarcli,  four 
da^'S  af\er  the  installment  of  Mr.  Linc(»ln,  Mr.  Dallas,  the  i-mZ,>i 'uZm^^Clc 

]Minister  of  the  United  States  at  London,  was  instructed  '""■""'""^■ 
[4.*)]      to  coiiununicate  to  Lord  Jfussell  the  inaugural  A(l*dress  of  the 

rresideiit,  and  to  assure  him  that  the  rresi(l(int  entertained  full 
confidence  in  the  sp(>e(ly  restoration  of  the  harnuuiy  and  unity  of  the 
Goveiument.  He  was  fiut her  told  that  *' the  United  States  have  had 
too  many  assurnuces  and  manifestations  of  the  friendshij)  and  goodwill 
of  Great  Britain,  to  entertain  any  doubt  that  these  consid(!rations  will 
have  their  just  intlueiice  with  the  British  Gov(!rnmeiit,  and  will  prevent 
that  Government  from  yielding  to  solicitations  to  intervene  in  any 
unfriendly  way  in  the  domestic  concerns  of  our  conntry." 

^  JMr.  Dallas,  incomiilying  with  hisinsti'uctions,  (A] nil  1),  ISOl,)  pressed 
upon  Lord  Jtusscd  the  importance  of  England  and  France  abstaining, 
"at  least  for  a  consideraUle  time,  from  doing  what,  by  encouraging 
groundless  hopes,  would  widen  a  lireacli  still  thought  capa-  i„,,i.ioi,nUu»?iii 
V.le  of  being  closed."  Lord  Bussell  replied  that  tlie  coming  !;[;''rhn,«'r  ,,mv:il 
of  ]Mr.  Adams  (31r.  Dallas's  suecessoi)'  "  would  doubtless  be  '"|"""^""«- 
regarded  as  the  apjiropriate  and  natural  occasion  lor  tinallj  discussing 
and  determining  the  ([itestion." 
The  United  States  therefore  had  reasonable  ground  to  believe,  not 

only  in  view  of  the  great  moral  interests  of  which  they  were  the 
[44]      ex])onents,  and  of  the  long-standing  friendship  between  them*and 

Great  Britain,  but  also  in  eonse(jueiice  of  the  voluntary  juomise 
of  Lord  Itussell,  that  an  opjiortunity  would  be  afforded  them  to  explain 
their  views  and  purposes  through  their  newly  seli-cti  d  and  specially 
trusted  representative ;  and  least  of  all  had  they  cause  to  anticipate 

'  Soward  to  Dallas,  Vol.  I,  pajfc  8. 
-Dallas  to  Seward,  Vol.  I,  page  12. 


;;t  1 


i'r^ 


M  . 
Ill  : 


1 


■■i. 


m 


■A 

'if'  i 


■:J' 


til 


24 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


Piirifiulei 
SmiiUT. 


inn  II 
ad;-. 


that  a  Govcrinneiit  Avliiclj  they  supposed  to  bo  in  sympathy  v,'ith  their 
])o]iey  as  to  Alii<;aii  slavery,  wouhl  precipitate  a  deeisiou  as  to  the  in- 
surgents, 'wilich  was  so  obviously  injurious  to  the  United  States,  as  to 
almost  ai)pear  to  have  been  designedly  so. 

The  delay  ujjon  whivh  the  Government  of  the  United  States  relied  to 
„„  linnly  secure  the  loyalty  of  the  Border  States,  and  their  aid 
in  inducing  the  peaceable  return  of  the  Gulf  States,  was  in- 
terrupted by  the  attack  upon  Fort  Sumter,  nmde  by  order  of  the  tlov- 
ernment  at  Montgomery.  This  attack  ended  in  the  sunender  of  the 
garrison  on  the  b'ith  of  April.  This  \vas  ibllowed  on  the  loth  of  April 
by  a  U'roclamation  of  the  Pi'esidont,  calling  out  the  militia  and  con- 
vening an  extra  session  of  Congi'css  on  the  4th  day  of  the  next  .Inly. 

On  the  17th  of  April,  Mr.  '^Jeilerson  Davis  gave  notice  that  letters  of 
marque  would  be  granted  bvthe  persons  who  had  at- 
is.,,,..  i.-tK.a  „i  tempted  to  establish  a  ^Government  at  Jlontgomery,      [I.)| 
"''"'""■  by  usurping  the  autlurity  of  the  United  States. 

On  the  10th  of  ^Vpril  President  Lincoln  issued  a  Proclamation  de- 
I  T.iiion  civ.  daring  that  a  blockade  of  the  ports  within  the  States  of 
iti.e  o;  Liock-  gonth  Carolina,  Georgia,  Alabama,  Florida,  ^ri.ssissippi,  Loa- 
oi.iett..  ..f  ih,it  isiana,  and  Texas  would  be  established  for  the  i)uri)ose  of 
prod,mi„iion.  collcctiug  tlic  re\  cuuc  in  the  disturbed  part  of  the  country, 
and  I'or  the  protection  of  tlie  public  i)eace,  and  of  the  lives  and  ]tr<)i)cr- 
ties  of  qiiiet  and  orderly  citizens,  until  Congress  should  assend)le.  Tiiat 
body  was  summoned  to  assemble  on  the  fourth  day  of  the  following 
July. 

The  full  text  of  this  Proclamation  will  be  found  in  Tol.  T,  page  21. 

In  the  course  of  the  discussion  between  the  two  Governments  grow- 
ing out  of  the  war,  it  has  been  repeatedly  asserted  that  ller  Majesty's 
Government  was  induced  to  confer  u])on  the  insurgents  in  the  South  the 
status  of  belligerents,  in  consecjuence  of  the  recei])t  of  the  news  of  the 
President's  Proclamation  of  Ai)ril  1!>,  The  United  States  are  therelbre 
forced  to  invito  the  patience  of  the  Board  of  Arbitrators,  while  they 
establish,  from  conclusive  proof,  that  llev  Majesty's  Government  is  mis- 
taken in  that  respect. 

Before  any  armed  collision  had  taken  idace,  there  existed  an 

understanding  between  ller  iMajestv's  *Government  [in] 
r, :,t.  .■„:v:-,..i  i,y  and  the  (loverinnent  ot  the  Lmperor  ot  the  Irench, 

with  a  view  to  securing  a  simultaneous  and  identical  course 
of  action  of  the  two  (rovernments  on  American  questiims.  It  is  within 
the  power  of  t lie  British  Government  to  inlorai  the  Arbitrators  when 
that  understanding  was  reached.  Tlie  fact  that  it  had  been  agreed  to 
l>v  tlie  two  (b)vernments  was  communicated  to  ^Ir.  Dallas,  by  Lord  John 
Bnssell,  on  the  1st  day  of  JMay,  18(>1.'' 

There  was  nothing  in  the  previous  relations  between  Great  Britain 
and  the  United  States  which  jnade  it  necessiiry  for  Her  ^Majesty's  Gov- 
ernment to  seek  the  advice  ov  to  invite  the  snp])ort  of  the  Faiperor  of 
the  French  in  the  crisis  which  was  threatened,  'i'he  I'nited  States  aie 
at  a  loss  to  conjecture  \^hat  inducement  could  have  ])rom])ted  such  an 
act,  unless  it  may  have  been  the  i)ercep{ion  on  the  jtart  of  ller  3!ajestv's 
Government  that  it  was  in  its  nature  not  only  unfriendly,  but  almost 
hostile  to  the  United  States. 

When  the  news  of  the  bloodless  attack  upon  Fort  Sumter  becaiiui 
known  in  Fhirope,  Her  Majesty's  Government  apparently  assumed  that 

'  Vol.  I,  imgo  1(1. 

2  Ai>iilct()ir.s  Amiiial  Cyclopanlia,  lS(n,  pat;*!  i:!7. 

3Mr.  Dallas  to  Mr.  Seward,  May  2,  IflJl.  '  Vol.  I,  p.  33,  34. 


UNrPtlENDLINESS   OF   GREAT  BRITAIN. 


25 


tlic  time  liiul  coirie  for  tlic, joint  action  Avhicli  had  been  previouslj-  amroed 
TiI)on  ;  and,  without  waiting  to  learn  the  pari)oses  of  the  United 
['17J      States,  it  *announced  its  intention  to  take  the  first  step  by  re- 
eoynizinj,'  the  insurgents  as  belligerents. 

The  President's  I'roclaniation,  which  has  since  been  made  the  osten- 
sible reason  for  this  determination,  Avas  issued  on  the  lUth  w,,,,,,  „„,  j.^,,,,. 
of  April,  and  was  made  })nl)li(;  in  the  Washington  news-  tf' ,l.'''';;;.'i ''';!; 
])apers  of  tin;  morning  of  the  I'Oth.  An  imperfect  copy  of  it  "■■•^^'"=''-"- 
was  also  telegraplu'd  to  Jscw  York",  and  from  thence  to  Eoston,  in  each 
of  whieh  cities  it  appeared  in  the  newspapers  of  the  morning  of  the 
L'Oth. 

The  Xew  York  ])apers  of  the  L'Otli  gave  the  substance  of  the  Pro(.'la- 
niiilion,  without  the  ol'llcial  coiiimencemeut  and  close,  and  with  several 
errors  of  more  or  less  inijMUtancc. 

Tiie  Boston  ]>apers  of  the  same  date,  in  addition  to  the  errors  in  the 
Kev,'  York  copy,  omitted  the  very  important  statement  in  regard  Xd  the 
collection  of  the  revenue,  which  ai)pears  in  the  rroclamatiou  as  the 
main  cause  of  its  issue. 

During  the  moniiiig  of  the  lOth  of  A])ri!,  a  riot  took  place  in  jialti- 
more,  wliieh  ended  in  severing  direct  conununieation,  by  rail  or  tele- 
graph, between  Wasliington  and  New  York.  Telegraphic  communica- 
tion was  not  restored  until  the  .'iOtli  of  the  month.  The  regular  ])assage 
of  the  mails  and  trains  was  lesumed  about  the  same  time.  It 
[IS]  appears  by  a  disi)atch  from  Lord  Lyons  to  Lord  *Jolin  llussell 
that  the  mails  had  not  been  resumed  on  the  27th. ^ 

It  is  absolutely  certain  that  no  full  <;opy  of  the  text  of  the  Prochuna- 
tiou  could  have  leit  Washington  by  the  mails  of  the  39th,  and  e(]ually 
certain  that  no  copy  could  have  reached  New  York  from  Washingtoti 
alter  the  lUth  for  several  days. 

On  the  I'Oth  th(\  steamer  Canadian  sajlcd  from  Portland,  taking  the 
Loston  i)ai)crs  of  that  day,  with  the  iiiiperlect  co]>y  of  theProchuuation, 
in  which  the  clause  in  regard  to  tiu'  collection  of  the  revenue  was  sujt- 
jsressed.  This  steamer  arrived  at  I.ondouderi'y  on  the  1st  of  3Iay,  and 
the  "Daily  News''  of  London,  of  the  I'd  of  ilay,  published  the  follow- 
ing telegrapliii^  items  of  news:  ''President  Lincoln  has  issued  a  Proc- 
lamation, declaring  a  blocka<l(^  of  all  the  ports  in  the  seceded  States. 
The  ]'\'deral  tlovenuuent  will  eondeinn  as  pirates  all  privateer-vessels 
which  may  be  seized  by  Federal  siiii)s."'  The  Canadian  arrived  at  Liv- 
erpool on  the  2d  of  JMay,  and  the  "Daily  News,"  of  the  3d,  and  the 
"  Times,"  of  the  4th  of  May,  i)ublislied  the  imi)erfect  Dostou  copy  of 
the  Proclansation  in  the  language  as  shown  in  the  note  below.-' 
[lyj  No  other  than  the  Poston  copy  of  the  *Proclamation  apjjcars  to 
have  been  pid>lished  in  the  London  newspapers.  It  is  not  likely 
that  a  copy  was  received  in  London  before  the  10th,  by  the  Fulton  from 
New  York. 


'  I'jliic  Ijot.k,  Noitli  Aiiu'i'icii,  Xo.  1,  18(U,  ]i!>ko  ~l'. 

"'I'lu'  luUowiiig  i^  the  I'ri'.sidciit's  I'lDclauuitiou  of  the  Lloelcatlc  of  t lie  Southern 
ports: 

"An  iusurrcclioii  a<;!iiiist  1h(^  Coveruiiieiit  of  the  T'liited  Stiites  has  lirohen  out  in 
1!ie  States  of  .Soutli  ('aroliiia,  Georjiia,  Ahihaiiia,  Florida,  Mississippi,  Louisiana,  aucl 
'J'exas,  and  (lie  laws  of  tiie  United  (States  cainiot  lie  exec:'ted  elJcelKally  therein  eon- 
forniahly  to  that;  provision  of  the  (.'onstitntion  whieh  requires  duties  to  bo  uniform 
tlironi.'thout  ihe  United  States ;  and  further,  a  eonil)inutiou  of  persons,  en{;aj;'<'d  in  sueh 
insurrection,  hav(!  threatened  to  };rant  pretended  letters  of  inar(iUo  to  authorize  tho 
hearers  Ihtrcof  to  eonniiit  assaults  on  the  lives,  vessels,  and  property  of  good  eitizens 
of  the  country  lawfully  en<;ag(.'d  in  eonnnerceon  tho  high  seas  and  in  the  watersof  tho 
United  iStates;  and  whereas  an  1-secutive  Proclamation  kns  already  been  issued, 
icquiring  the  persons  engaged  in  these  disorderly  proceedings  to  desist,  and  therefor 


m 

'mi 


l;.V 


26 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


f 


t» ' ' 


M 


|N 


It  Avas  on  this  monger  and  incon'cct  information  that  tlie  advice  of 
o.inion  of  Lnw  ^^^^  BriU.sli  Law  Ollicers  was  based,  npon  which  that  Gov- 
offi«'rt"  uu  on  u"  ernment  acted.  On  the  evening  of  tlie  2d  of  May,  Lord 
iiwrfccicopy.  j,)],i,  Jiiissell  stated  in  the  Uouse  of  Commons  that' 
a  Hqy  *3IaJesty's  (rovcrnment  heard  tlie  other  day  that  the  Con-  [50] 
federated  States  have  issued  letters  of  marciue,  and  to-<lay  wo 
have  heard  that  it  is  intended  there  shall  be  a  blockade  of  all  the  ports 
of  the  Southern  States.  As  to  the  general  i)rovisions  of  the  law  of 
nations  on  these  (luestions,  some  of  the  jjoints  are  so  new,  as  well  as  so 
important,  that  they  have  been  referred  to  iu^  uaw  Ohicers  of  the 
Crown  for  their  opinions." 

It  is  with  deep  regret  that  the  United  States  find  themselves  obliged 
1o  lay  before  the  Tribunal  of  Arbitration  the  evidence  that, 
frnim.i  ,1. . „ij  ,.n  wlicu  tlus  aniiouncemeii t  was  made  m  the  House  ot  Coui- 
Jr'"^emzi''L^i^  l!f  iii()ns,  ller  Majesty's  Cov  rnnuMit  had  already  decided  to 
recognize  the  right  of  the  Southern  insurgents  to  attack 
and  destroy  the  commerce  of  the  United  States  on  the  high  seas.  On 
the  1st  day  of  ^lay,  ISOl,  (two  diiys  before  they  could  have  heard  of  the 
issue  of  tlie  President's  rroclamation,)  Loi-d  John  Itussell  wrote  as  fol- 
lows to  the  Lords  Commissioners  of  the  Admiralty  :'- 

"  The  intelligence  which  reached  this  country  by  the  last  mail  from 
the  United  States  gives  reason  to  sujipose  that  a  civil  war  between  the 
Northern  and  Southern  States  of  that  (-Confederacy  was  imminent,  if 
indeed  it  might  not  be  considered  to  have  already  begun. 

♦"Simultaneously  with  the  arrival  of  this  news,  a  telegram,      [51J 
purporting  to  have  been  conveyed  to  Halifax  from  the  United 
States,  wiis  received,  which  anuounce<l  that  the  Tresident  of  the  South- 
ern Confederacy  had  taken  steps  for  issuing  letters  of  marque  agaiwst 
the  vessels  of  the  ]S"orthern  States.*' 

***** 

"  i  need  scarcely  observe  to  Your  Lordships  that  it  may  be  right  to 
apprise  the  Admiral  that,  much  as  Her  ."\Iiijesty  regrets  the  ])rospect  of 
civil  war  breaking  out  in  a  country  in  the  hai)piness  and  jjcace  of  which 
Her  ]\Iajesty  takes  the  deepest  interest,  it  is  Her  Majcslifs pleasure  that 
nofhbKj  Nhoulfl  he  done  hy  her  nnral  forces  ichh'i  should  indicate  any  par- 
tiality or  preference  for  either  party  in  the  contest  iltat  may  ensne.^'' 

On  the  itii  of  ilay-'  Lord  .lohn  IJussell  held  an  interview  with  some 

i.oni.T.,!,., ii,„-.ii  individuals,  whom  he  described  as  "the  three  geutloMU'n 

"M™"''>W.'.'r^^^^^^^^   de])Uted  by  the  Southeriv  Confederacy  to  obtain  their  recog- 

bsilhJnTd^t^^^^^^^  nition  as  an  indei)endent  State."    Although  he  infornu'd 

'^''""'-  them  that  he  could  hold  no  otlicial  communication  with  them, 

callius  out  the  itiilitiii  ffjicc  for  tlic  purpose  of  Tcprcst^iiijj;  tlio  siiiiie,  iind  ronvciiiiii^ 
C'ougiesH  in  oxtraordiiKiry  session  to  deliberate  and  deterniiiK;  tlwreon,  tlio  I'resident, 
•with  11  view  to  the  hanie  [lurposes  heforu  nienti(»iied,  andto  the  proteetion  of  tlie  ])til)lic 
jipacc  and  the  lives  and  jnoperty  of  its  orderly  eitizens  piusning  their  lawful  oeeiipa- 
tious,  until  (.'onj;ress  shall  hav<^  assemhle.(l  and  deliheraled  on  said  unlawful  proeeeil- 
ings,  or  until  the  same  shall  have,  censrd,  has  further  deemed  it  advisabh;  to  set  on 
foot  a  blockade  of  the  ports  ^vitluu  the  .States  afoicsaid.  in  ])ursuaiu'e  of  the  laws  of 
tbo  United  States  and  the  laws  of  nations  in  sneh  eiises  provided.  l''or  this  purpose  a 
comiietent  force  will  Ik;  ])()sted,  so  as  to  prevent  tin,'  entrance  and  (!xit  of  vessels  from 
the  ports  aforesaid.  If,  tlierel'on.',  with  a  view  to  violate  such  Idoekade,  any  vessel 
sliall  attempt  to  leave  any  of  the  said  ports,  she  will  be  duly  warned  hy  the  connnauder 
of  ono  of  said  blockading  vessels,  -who  will  indorse  on  her  register  the  fact  and  date  of 
such  warning  ;  and  if  the  same  vessel  shall  again  attempt  to  enter  or  leave,  a  blockaded 
port,  she  will  be  captured  and  sent  to  the  nearest  convenient  port  for  such  proceediuga 
against  her  and  lier  cargo  as  may  be  deemed  advisable."' 


'•'J 


siiid  fu 
Creat 
war  lei 
ligeren 
these 
The  U 
of  the 
of  it. 
(lovern 
sent  b 
of  the 
notes 


i    I 


>  Vol.  IV,  page  482. 


2  Vol.  I,  page  33. 


3Vol.  I,  pago37. 


N! 


UNFRIENDLINESS    OF   GREAT   BRITAIN. 


27 


he  did  discuss  with  tbem  the  question  of  recognition,  and  lie  indicated 

to  tliem  the  poi!)ts  to  viiich  tlie.v  must  direct  tlieir  attention  in 
[52]      tlie  diseussion  of  the  snltjoct.    lie  also  *listened  to  their  vicnvs 

ill  response  thereto;  and  "when  on  the  ternnnation  of  the  inter- 
view they  informed  him  "that  they  sliould  I'emain  in  London  for  the 
jiresent,  in  the  hope  that  the  reco.ynition  of  the  Southern  Confederacy 
wouhl  not  be  lony  delayed,"  he  interposed  no  objections  to  such  a  course, 
and  suii'U'ested  no  improbability  of  such  a  recoiiiiition. 

Oil  the  5th  of  May  tlie  steamship  Tersia  arrived  at  Liverpool  with 
advices  from  New  York  to  tlie  -5tli  of  April.  Lord  .Tt)hn  Rus- 
sell stated  on  IMonday,  tiie  0th  of  May.  in  a  communication  vyi^iri'h,''''Fr'.'i!ri.' 
to  Lord  Cowley,'  "that  Her  ]\IaJ<'sty's  (lovernment  received 
no  dispatches  IVom  Lord  Lyons  by  the  mail  which  has  Just  arrived,  [the 
Pt'i-sia,]  the  communication  between  Washinytou  and  New  York  being 
interrupted." 

In  the  same  dispatch  Lord  Cowley  is  informed  "  that  Her  Majesty's 
(roveriimeiit  cannot  hesitate  to  admit  that  such  Confederacy  is  entitled 
TO  be  c(»nsi(l(ncd  as  a  belli^yerent,  and  as  such  invested  witli  all  the  ri<;hts 
and  preroj^atives  of  a  bellijierent,"  and  he  is  instructed  to  invite  the 
French  Government  to  a, joint  acti(»n,  and  a  line  of  joint  ])olicy  with  the 

British  Covernment,  toward  the  United  States.  Loi'd  ('o\vl<'y, 
[5'1]      under  these  instructions,  had  an  interview  on  the  iHh  of  May  *with 

tlie  French  ^Minister  for  Foreign  Atl'airs.  The  Tribunal  may  infer 
from  the  i)ublislicd  correspondences  that  it  was  assumed  at  this  interview 
tliat  the  two  Governments  should  act  to,nether,  and  that  the  letters  of 
maniue  which  might  be  issued  by  the  insurgents  should  be  A„,wor'<.r  th. 
respected.  Lord  Cowley  reported  that^  "His  Excellency  >'->^^"' '' ""v.-""""»t- 
said  further  that  in  looking  for  ])iecedents  it  had  been  discovered  that 
Great  IJi'itain,  although  treating  at  the  -mmencement  of  the  American 
war  letters  of  mai'fpie  as  piracy,  had,  alter  a  time,  recognized  the  bfl- 
iigerent  rights  of  the  States  in  rebellion  against  her."  The  answer  to 
tliese  instructions  was  received  at  the  Foreign  Oflicc  on  the  lltli  of  JMay. 
The  United  States  are  lirmly  convinced  that  no  cornn't  orcomi)letc  cojiy 
of  the  I'resident's  Proclamation  could  have  been  received  there  in  advance 
of  it.  It  is  known  that  the  ollicial  copy  forwarded  by  Lord  Lyons  to  his 
Ciovernment  reached  Loiuhui  ou  the  1-lth  of  iNLiy.''  The  ollicial  co})y 
sent  by  3Ir.  Seward  to  Mi:  Dallas  reached  Southampton  on  the  evening 
of  the  !)tli  of  3Iay,  and  London  on  the  KKh.  It  is  stated  in  the  Uiitish 
notes  on  Mr.  Fish's  instruction  of  September  25,  ISGlt,  to  3Ir.  ^Motley, 

that  the  Proclamation  was  communicated  ollicially  by  31r.  Dallas 
[51]      to  Lord  *John  Kussell  on  tlu^  llih.    There  is  no  evidence  of  this 

fact  in  the  archives  of  tiie  Legation  of  the  United  wi,™  ti,.-  r,,,. 
States  at  Lomh-n,  or  at  the  Department  of  State  at  Wash- 
ington. But  even  if  the  statement  in  the  notes  be  correct, 
still  the  British  Government  re(;cived  in  the  afternoon  of  the  11th  of 
May,  1801,  its  first  complete  and  ohicial  copy  of  the  President's  Proe- 
hunation,  ten  days  after  Lord  John  IJussell  had  decided  to  award  the 
rights  of  belligerency  ou  the  ocean  to  the  insurgents,  eight  days  after 
the  subject  had  been  referred  to  the  Law  OHiceis  for  their  opinion,  and 
live  days  after  the  decision  of  Her  Majesty's  Government  upon  that  opin- 
ion had  been  announced  in  the  House  of  Commons,  as  hereinafter  set 
forth. 

On  the  same  day  on  which  Lord  John  Russell  wrote  Lord  Cowley 
(May  Gth)  he  wrote  to  Lord  Lyons,'*  calling  the  United  States  "the 


\v,is      )•!■,■  '■: 

(iri.Mt  r.ii';ii 


tniatioii 


'  Vol.  I,  page  30;  see  also  same  voltmio,  page  48. 
'  liritish  Blue  Book  ou  tlio  Blockade,  1801 ,  page  1. 


2  Vol.  I,  page  49, 
■•  Vol.  I,  pages  3 


:     I' 


♦>i 


I"     ^■1^ 


pages  30,  37. 


^R 
it' J 


UNFlilENDLINESS    OF   GREAT   BRITAIN. 


k' 


T' 


!::■ 


I      .'ii 


iioitiiern  poilioa  of  tlio  l;i(:o  Union,''  and  roitomtiiis  that  Ilor  Majesty's 
(lovoiiinient  "cannot  (nu'stion  llic  ii;;lit  ol' the  SoiUliovn  tStatos  to  he 

^_.  -_  .1  111!..         _J_        "1        . 1'_.il_  II         -.    ,  il'/1^ il.  


\no\ 


re(  oftnized  a.s  a  belliin'cicnt;''  and  in  the  House  ot'  Coninion.s,  on,  the.  .same 
evt'uinji',  he  announeed  that  the  Attorney  and  Soiieitov  General,  the 
Quoen's  Advocate,  and  tlie  Govevinnent  had  conietotlie  conchisiou  that 
ilie  Southeiii  Conicderacy  ot  Anieiica  must  be  treated  as  a  bel- 
li.ucrcut.  On  the  same  cveniny,  Lord  rahn*er.stou  said  in  tlie 
Jlodse  of  Commons,'  "Xo  one  can  regret  more  than  I  do  the  intel- 
li.iiouce  v.hicli  has  been  received  wiiliin  the  hist  lew  days  i'roni  America; 
Inu  at  the  same  time,  any  one  must  liave  been  short-sij^hted  and  lilile 
caj-able  of  anticipatinjjf  the  probable  course  of  liumau  events,  who  liad 
not  lor  a  lo]ig  time  foreseen  events  of  a  sinular  <;hara<'ter  to  those  we 
iiov,'  deplore.  From  the  commencement  of  this  unfortunate  (pmrrel 
between  the  two  se(!tions  of  the  United  Stales,  it  is  evident  that  the 
caasos  of  disunion  were  too  deeply  seated  to  make  it  iiossible  that  scpa- 
r.itioa  wi'/uld  not  take  place,  a.nd  it  was  also  obvious  that  passions  wei'C 
so  nnised  on  both  sides  as  to  naiice  it  highly  improbable  that  such  sepa- 
ration could  take  place  without  a  contest.'' 
A  (piestion  was  asked  in  tlu'  Jlouse  of  Commons  on  the  7th  of  Blay,^ 

the  ne:v(  cvcninj;',  as  to  the  extent  of  the  be!li,<4,'ej'ent  ri.i;hls 
i,.mV  ol- 'i /uVc.'''";  at  sea^  which  would  i)e  ac(iuired  by  the  South,  to  which 

Ltn-d  Palmcrston  declined  ti>  make  ansv.-er  ••'  until  tlii'  (iov- 
ernment  should  be  in  a  condition,  after  i onsidtiu";'  its  legal  advisers,  to 
make  some  distinct  communieation  on  the  sub.jei;t." 

On  the  Dth  of  May,"  Sir  (xeoriio  Lewis  an*nounced  that  Ji  pro-  [5G] 
chia-r.ition  would  be  issued,  stalin.u'  "the  .n'cneral  effect  of  the 
coiamon  and  statute  law  on  the  m;dter;''  and  on  the  lOth,  Lord  Gran- 
viik''  rejieated  thedci'laration  in  the  House  of  Lords.  Li  the  discussii)u 
there  it  was  assumed  by  all  thcsi)eakers  that  the  insurgent  Goveriunent 
ifii.nht  lawi'uUy  issue  letters  of  manpie. 

It  is  believed  by  the  L'nited  States  that  it  was  vrell  known  to  Iler 
^Majesty's  Governi.'"nt  during  all  this  tinic,  that  l\h'.  Adams  was  about 
to  arrive  with  instiaction  from  the  new  adndiuslration,  and  that  he 
came  possessed  of  its  most  conlidential  ^•iews  on  tiu'se  ini[)ortant  (jne:^- 
tiOiis.  On  the  L'd  May  31r.  Dallas  wrote  I\lr.  Seward  thus :'  "  The  solici- 
tude felt  by  Lord  John  ]iussell  as  to  the  eilect  of  certain  measures  rei)re- 
sented  as  liki'ly  to  be  adopted  by  the  J'resident,  induced  him  to  re(]uest 
nu- to  call  at  his  private  residence  yesterday.  *  *  *  I  iidbrnnHl  hiui 
tiiar  Mr.  Adanss  had  ai)})rised  me  of  his  intention  to  be  on  his  way  hither 
in  the  steamship  iNiagara,  v.hieh  left  Loston  on  the  1st  of  ]\Iay,  and  t1iat 
lie  would  ])ro!)abiy  arrive  in  less  tiian  two  v»'eeks,  by  the  iL'th  or  L")th 
instant,  liis  Lordsjiij)  acfiuieseed  in  the  expediency  of  disregarding 
mere  iiunor,  and  v.'aiting  the  fidl  knowledge  to  be  lirought  by  my  suc- 
cessor." The  I'nited  States,  for  reasons  already  gl\en,  have  no 
(ioubt  *that,  before  that  intevviev.-,  II -r  IMajcsty's  Govriiuient  [57] 
liad  already  dei  ided  upon  their  course  of  action.     I\L'.  .\i',i;.;s  did 

r,..ij„«n'B  ivo.:-  nctually  arrive  in  Lojidon  oil  the  evening  ol'  tbe  loth  of  IMay. 
'""■'"''•  The  Queen's  Proclamation  of  neutrality  was  issued  on  the 

morning  of  that  day. 
A  careful  (vxamination  of  the  jMiblished  correspondence  and  speeches 

of  Lord  .John  Kussell  shows  that  Her  IMaJesty's  Goverinnent 
ii.'-uA'tyVi'ij;.  was  at  that  time  by  no  means  certain  that  there  was  a  war 

in  ihe  United  States.    On  the  1st  of  May,^  he  directs  the 

'  II:iiisii,r(rN  IJebiites,  :jd  soiie.^*,  Vol.  CLXII,  p.aurs  l(;,>:2--j;i. 

-  Vol.  IV,  i)ii;^o  4S4.  •■  Vol.  IV,  i)nj;o  4r;'G. 

<  \ol;  I,  pago  ;J4.  ^  Vol.  1,  iiiigc  'Si. 


\m 


;  I     t !  4 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


2!) 


esty's 
to  be 
:  .siune 
il,  the 
u  that 

[55] 

loiica ; 
I  litllo 
lio  \\m\ 
.ose  wo. 
lUanvl 
liat  the. 
it  sopa- 
is  wei'C 
jU  sepa- 

f  I\Iay,2 

:,  ri,i;lit>i 
>  whic'i 
ho  (iov- 
isoi'.s,  to 

0-  m 

10 

,a  Gvan- 
scussiou 
cvinuoiit 

I  to  Ilor 

IS  about 
that  he 
lit  ([we^- 
ho  solioi- 
es  ropvo- 

vo(}UOst 
iiuhI  hiiii 
ly  hither 
iindniat 
or  15th 
I'pmling" 
:  luy  buc- 
\\o 

lit      [57] 
lid 

U  ot'  ^lay. 
xl  on  the 

speeelie>s 
vernineiit 
kvas  a  war 
iveots  the 


Admiralty  as  to  the  conr.'je  to  be  pur.sned  with  roferoiice  to  the  insiir- 
•'■"iit  eruisers  in  the  war  wliich,  he  tliinks.  viajf  "  iiavo  ah'oady  bejir.ii.'' 
Oil  the  L'd  of  ^lay'  he  asks  the  Law  Otlicors  ot'  tlie  Crown  what  eoiuso. 
the  Cloverimieiit  sliall  ituiHue.  On  the  1st  of  June,  however,  he  i.s  in 
ddubt  on  tlie  subject,  and  lie  writes  to  tho  Lords  Conunissionors  of  tlio 
Athiiiralty,  inforiiiin^'  thein  of  Ihc  riilos  to  bo  observed  by  Ihe  British 
naval-  forces  "in  the  contest  icliirh  appearfi  to  he  imminent  hot  ween  th.e 
Tnitcd  States  and  the  so-styled  Confederate  States  of  North  Anieric;;.'' 
It  would  seoni,  tlieroforo,  tliat  on  the  1st  (»f  .Tune,  1<S(J1,  Ilor  iMaJesty's 
Govermnont  re,s;ardod  only  as  "ininiinenf'  the  hostilities  which  li<  r 

^Majesty's  rroclaination  of  the  l.">th  of  the  iirovious  IMay  alle.L'(  d 
[58]      Inul  '' unhapiiily   *('oninienced    bctwcon    the   United   S{at<'s   ot 

America  and  certain  States  styliii,u"  tliemsclves  the  ConfodoraTc 
States  of  America."  In  ])oint  of  lact,  Lord  .loLu  llussoll's  dis])atch  of 
the  1st  of  June  doscriboil  with  iidclity  the  condition  of  tiiinji's  so  1;ir  as 
then  !;nown  in  London  ;  I'or  at  that  time  th(^  intollijience  of  tho  oxhilar- 
atiiijn'  elfect  of  tlie  (^>iU'oirs  I'roclamation  upon  tlu>  insurj^'ents,  and  its 
dopressin,t>'  etfoct  upon  tlie  Clovornmont  and  loyal  population  of  the 
United  States,  had  not  reached  Ihirojie.   * 

\\  hatever  Lord  .lohii  L'us.soU,  and  his  colloairues  in  the  Government, 
who  decided  to  counsel  Ilor  Majesty  to  issue  tlie  i'roclama-      ,  ,^     ,  r  .,„ 
tion  of  31ay  loth,  may  have  thoujiht,  tho  debutes  in  rarlia-  QM:■.^■:^^T  .1^'- 
iiient  roiiiovod  any  excuse  for  ignorance  as  to  the  effect  of  '""■ 
that  instrument. 

As  <'ar]y  as  tho  20th  of  April,  in  the  llouso  of  Commons,  an  o]ipnsi- 
tion  member  had  said  that  "  thon^  could  bono  doubt  that  if  the  w  jr 
sluadd  1)0  continued  in  that  country  [the  Lnitod  States]  there  irouUl  he 
ilion.siiiuis  of  pyiraieern  hoverinii  ahout  those  eoosts;-"-'  to  which  the  Chan- 
cellor of  tho  Kxchocpior  (."\Ir.  (iladstono)  immediately  replied  :  "All  that 
rehitos  to  tho  daii<;ors  which  may  ariso  botwoon  Lritish  merchantships 

and  American  or  other  jirivateers  *  *  *  i  shall  pietormit,  not 
[59|      Viecauso  1  prosumo  to  say  or  think  that  they  are  *insi^nilicant, 

but  because  I  fool  it  my  duty  to  address  myself  to  those  points 
viii<*h  touch  more  directly  and  more  practically  [the  lludget]  the  iiuit- 
tcr  in  hand.''* 

In  a  debate  in  the  House  of  Lords,  on  the  10th  of  i\Lny.  Lord  Hard- 
wicke''  said  that  he  "was  anxious  that  tho  House  should  not  enter  t:»(» 
stroiif,^  a  protest  against  that  which  was  a  natural  conse(ptence  of  war. 
namely,  that  vos.sels  should  bo  litted  out  by  jirivato  individuals  under 
leltor.s  ol'  marque.  That  was,  no  doubt,  privatoerin.g',  but  it  did  not  by 
any  meat's  Ibliow  that  privatooriiii;'  was  piracy.  Jlo  believed  that  if 
privatcorinti-ships  were  put  in  the  hands  of  i)ropor  ollicers,  they  were 
hot  on^'aj;ed  in  jiiracy  any  more  than  men-of-war.  He  thon,i;ht  that  a 
feeble  State  on,!ia.i;ed  in  a  war  with  a  ])oworiul  one  had  a  rijrht  to  mako 
use  of  its  merchant-vessels  ibr  tho  pmpose  of  carryinj;"  on  the  conte.'>t, 
and  there  was  no  violation  of  the  law  of  nations  in  such  a  proceed  ins:'." 
In  the  more  elaborate  discussion  which  follov.od  on  the  10th  of  tho 
same  mouth  in  the  House  of  Lords,  the  Lord  Chancellor"  said :  "  If, 
after  the  publishin.n'  of  tho  present  proclamation,  any  English  subject 

woro  to  enter  into  the  service  of  either  of  the  bollijiorents  on  the 
[GO]      other  side  of  the  Atlantic,  there  could  bo  no  doubt  that  the  *por- 

son  so  acting  would  be  liable  to  be  punished  for  a  violation  of 

■  Vol.  IV,  p.ijio  'l&'i.  '  Vol.  I,  inigc  'S.\'), 

3  Hiiiisnnr,s  Di'liatis,  3(1  .series,  Vol.  CJ-XII,  pago  1270. 
*  Ilansaid's  Debates,  3d  series,  Vol.  CLXII,  paj^'o  1277. 
.    ,  6  Vol.  IV,  pago  4fc^0.  n'oLiV,  page  490. 


i':! 


P 


II 


30 


UNFRIENDLINESS   OF    GREAT   BRITAIN. 


if 


I' 


1 ;  III! 


•  I  'I 
) .  ill 


M 


1 , 


111! 


ri 


tlio  laws  of  his  own  country,  and  would  liiivo  no  lij-lit  to  claim  any 
intci'i'crcnce  on  the  part  of  hi.s  (Jovcnnncnt  to  slucld  liin)  from  any 
consciiucuccs  which  miyht  arise.  Tlicro  could,  however,  at  the  same 
time,  beiio  doubt  that,  altliough  he  would  be  ji'uilry  of  a  broach  of  the 
law.s  of  his  own  country,  he  ouj;lit  not  to  he  re^^arded  as  a  |»irate  for 
actinj;'  under  a  conunission  from  a  Slate  admitteil  to  hv.  entitled  to  the 
exercise  of  bellif^ercnt  ri^lits,  and  carryiiiy  on  what  nii;;iit  be  called  a 
juslnin  hcUitm.  Anybotly  dealing  with  a  man  under  those  circumstances 
as  a  pirate,  and  putting  him  to  death,  would,  he  contended,  be  yuilty 
of  murder."' 

The  dislinjiuished  Jurist,  Avho  then  sat  upon  the  woolsack,  described 
in  that  speech  one  lejial  effect  of  tliis  hastily  issued  rroclamation  with 
undoubted  correctness.    It  reli(>ved  liniilishmen  or  forei;^uers  in  I'^n^^iand, 
i.uid  Enjilishmeu  on   insurj'ent  cruiseis  cariyinj;'  on  war  a.yainst   the 
United  .States,  from  the  jieualties  ol'  a  hi^li  class  of  felonies.     Lord 
Lynrlhnrst,  one  of  the  most  (>minent  ]>rede«'essors  of  Lord  Can)pbell.  in 
an  oi)inion  in  the  House  of  Jjords  in  JS,"»;},  cited  with  resjject  by  Sir 
(icorj^e  Cornwall  Lewis,  (himself  one  of  Jjord  Palmerston's  ('abiuet,) 
said:  "If  a  number  of  British  subjecls  were  tocond)iMe  and  con- 
spire tojicther  to  excite  r(!Voltamon,i;tlie  inhabi*tantsof  a  friendly      [Gil 
fcjtate,     *     *     *     jviid  these  perscjiis^  in  i»ursuanee  of  that  con- 
spiracy, were  to  issue  maidfestoes  anil  proclamations  for  tlie  purpose  of 
cairyinyj  that  object  into  effect;  ab»jve  all,  if  the\j  n-tre  to suhscrihemoiieif 
for  the  imrpoaii  (if  ■pureliasuuj  ayiii.s  to  (jivc  cf'cd  to  thtt  hitemlcd  eutcrprm', 
J  conceive,  an«l  I  state  with  conlidence,  that  such  persons  Avould  be 
jfuilty  of  a  nnsdcmeanor,  and  lial>le  to  suffer  ])nnishment  by  the  laws 
of  this  country,  inasuuicli  as  their  conduct  would  tend  to  embroil  the 
two  countries  to,u'ether,  to  lead  to  remonstrances  hy  the  om^  with  the 
other,  and  ultimately,  it  might  he,  to  war.     *     *     *     Foreij;ners  resid- 
iusjf  in  this  country,  as  l()n<4-  as  they  reside  hero  under  the  in-otection  of 
this  country,  are 'considered  in  tlie  li,:nht  of  IJritish  subjects,  or  rather 
subjt.'cts  of  Ller  Majesty,  and  are  jjunishablo  by  the  criminal  law  pre- 
cisely in  the  same  numner,  to  the  same  extent,  and  under  the  saaio 
conditions   as   natural-horn   subjects  of   Her  Majesty.     *     *     *     '\^\\^ 
{jtic'use  of  endeavoring  to  excite  revolt  against  a  neighboring  State  is 
an  offeuso  against  the  law  of  nations.    2so  writer  on  the  law  of  nations 
st;;tes  otherwise.    But  the  law  of  nations,  according  to  the  decision  of 
oui'  greate.-     judges,  is  i)art  of  the  law  of  England."^ 
*The  United  States  will  close  this  branch  of  the  examiiuition      [G2] 
by  citing  the  language  of  i\Ir.  Bright  in  the  House  of 
Commons,  on  the  l.'Jth  of  ]\Lirch,   1805.^    "Going  back 
nearly  four  years,  we  recollect  what  occurred  when  the  news  arrived  of 
the  lirst  shot  having  been  tired  at  Fort  Sumter.    That,  I  think,  was 
about  the  liltli  of  April.    Immediately  alter  that  time  it  was  announced 
that  a  new  nuuistor  was  coming  to  this  country.    Mr.  Dallas  had  inti- 
niated  to  the  Governnicnt  that,  as  ho  did  not  represent  the  now  President, 
he  would  lather  not  undertake  anything  of  importance ;  but  that  his 
successor  was  on  his  way,  and  would  arrive  on  such  a  day.    When  a 
man  leaves  New  York  on  a  given  day  yon  can  calculate  to  about  twelve 
hours  when  ho  will  be  in  London.    Mr.  Adams,  I  think,  arrived  in 
London  about  the  loth  of  May,  and  when  he  opened  his  newspaper 
]iext  morning  he  foumt  the  Proclamation  of  Xoutrality,  acknowledging 
the  belligerent  rights  of  the  South.    I  say  that  the  proper  course  to 

'  On  Forc'iKii  .Jurisdiction  and  tlio  Extradition  of  Criniiuala;  by  the  Riybt  lion.  Sir 
Goori;t'  Cornwall  Lewis,  IJart.,  ]SI.  P.,  London,  1859,  page  6tj. 
^  Vol.  V,  pages  UaU,  040. 


Mr    IJrii;l;t'.-<  views. 


have  t 
to  have 
the  gr< 
bound 

[03J      J 

< 

comfort 

and  can 

of  Amo; 

relation 

The  I 

])ursuod 

l)eIligor( 

right  of 

time  jus 

ouslyde 

(Jovenni 

lions  cit 

still  less 

lecognizi 

on  the  01 

accord  11 

themselv 

pe 

m 

of 

fulness  o 
and  it  is 
public  la 
jast,  in  r< 
sion  of  b 
as  it  sho 
resulted 
Viewo( 
regret,  hi 
stances, 
that  tim(> 
In  the 
prossee 
solon  nolle 
doimer 
tout  an  n 
dn 
[G5J      do 
n' 

nmrine  et 
This  pr 
alone.  O 
foipt  of  t 
tion.  Low 
Ambassa( 

'  Annual 
-Mr.  Fish 
=  Mr.  Fish 
'Delanei 
M.  Moutiigi 


[Oil 


UNFRIENDLINESS    OF   GREAT   BRITAIN. 


81 


have  taken  would  luvvo  been  to  wait  till  jMr.  A«lams  arrived  here,  and 
to  liave  diseussed  the  matter  with  hini  in  a  friendly  niiinner,  exphiiiiinj,' 
the  i^roinid  upon  which  the  linju'lish  (lovernnient  had  felt  themselves 
hound  to  issue  that  i)roelamiition,  and  re])resentin{^  that  it  was  not  done 
in  any  nmnner  as  an  unfriendly  aet  toward  the  United  States 
[03J  (ioveriunent.  But  no  *preeaution  whatever  was  taken.  It  was 
done  with  nidriendly  haste,  ami  hiul  this  "ll'ect:  that  it  pive 
eoml'ort  and  courafie  to  the  eonspiraey  at  IMontf^omciy  and  at  liichmond, 
an<l  caused  great  grief  and  irritation  anM)ng  tliat  jjortitui  <»f  the  i)(M)pl(' 
of  America  most  strongly  desirous  of  maintaining'  amicable  and  friendly 
relations  between  their  country  and  England." 

The  United  States  have  made  this  review  of  the  course  ^ii^  »nv,.r«iBn 
l)ursued  by  Great  Britain  in  recognizing  tin;  insurgents  as  [^;';;,'^',i^"'a■w»''nol 
i)elligerents,  with  no  i)urpose  of  (|uestioning  the  sovereign  ''""'''• 
light  of  that  Power  to  determine  for  itself  whether  the  facts  at  that 
time  justified  such  a  recognition.  Although  the  United  States  strenu- 
ously deny  that  the  facts  as  they  then  were  known  to  tier  ^Majesty's 
(Jovcrnment  did  justify  that  (jlovernment  in  conferring  u])on  the  lebel- 
lious  citizens  of  the  United  States  the  ])rivilege  of  belligerents,  and 
still  less  justilled  it  in  counseling  J'rance  to  do  the  same  thing,  yet  they 
recognize  and  insist  that  (in  the  language  of  the  President  to  Congress 
on  the  0th  day  of  Decendx'r,  ItiO!))  a  "nation  is  its  own  judge  when  to 
accord  the  rights  of  belligerency,  either  to  a  peojjle  struggling  to  free 
themselves  from  a  government  they  believe  to  be  oppressive,  or  to  inde- 
pendent nations  at  war  with  each  other."' 

'  u  rights 


[G^ 


]Jut  while  thus  lirudy  insisting  u])on  the  sover^ 


of  iiulependent  nationality,  they  also  nuvintain  "  that  the  riglit- 
fulness  of  such  an  act  depends  upon  the  occasiim  and  the  circumstances, 
and  it  is  an  act,  like  the  sovereign  act  of  war,  which  the  morality  of  the 
l)ublic  law  and  practice  requires  should  be  deliberate,  seasonable,  and 
just,  in  reference  to  surrouiuling  facts;"-  aiul  "they  regard  the  conces- 
sion of  belligerency  by  Great  Britain  as  a  part  of  this  case  only  so  far 
as  it  shows  the  beginning  and  animus  of  that  course  of  conduct  which 
resulted  so  disastrously  to  the  United  States."^ 

Viewed  in  this  light,  the  United  States,  with  deep  and  unfeigned 
regret,  liave  been  forced  to  conclude,  from  all  the  circum-    A>,>ii..nr..iwiti.nn 
stances,  that  Her  3Iajesty's  Government  was  actuated  at  "'""■•"""•"'"■" 
that  time  by  a  conscious  unfriendly  i)urpose  toward  the  United  States. 

In  the  language  af  a  continental  publicist,  "  L'Anglcterre  a  etc  bien 
pressce  de  faire  usage  de  son  droit  strict  pour  constater  ^^^  „„ii„,„„„„ 
solennellement  que  I'Union  Americaino  etait  t';branlee,  et  n,.vM''.,n  "h"''tVuV'n-; 
(lonuer  aux  insurgds,  ce  que  le  monde  entier  a  considerc 
tout  an  moins  comme  un  appui  moral ;  *  *  I'acte  a  ete  pose  la  veille 
du  jour  oil  le  nouvel  ambassadeur  amdricain,  M.  Adams,  devait 
[05]  debar<iuer  li  Londres,  et  an  moment  on  i)ositivement  les  insurges 
n'existaient  pas  comme  puisance  navale,  oil  ils  n'avaient  de 
marine  et  de  tribunaux  de  prise  que  sur  le  ])apier."'' 

This  precipitate  and  unfriendly  act  of  Great  Britain  did  not  go  forth 
alone.    On  the  0th  of  May,  1801,  live  days  before  the  re-     j.„n..,.„j| 
ceipt  of  the  authentic  copy  of  the  President's  Proclama-  :;';f4' }';i^' J,fi; 
tion.  Lord  John  llussell  instructed  Lord  Cowley,  the  British  'r'','ti,m/o/;h,>' con- 
Ambassador  at  Paris,  to  ascertain  whether  the  Imperial  '"''"" 

'  Auiuiiil  Mcssago  of  tbo  Presitlcnt  to  Congress,  IHGl). 
-  Mr.  Fisli  to  Mr.  Motley,  Seitteiiibor  i.'.'),  imX    Vol.  VI,  page  4. 
3  Mr.  Fish  to  Mr.  Motley,  May  15,  18Clt.    Vol.  VI,  page  1. 

■•De  lii  ueutralitc  do  hi  Gniude-Bretagno  pendant  hi  gnerrrc  civile  amdricaiuo d'aprda 
M.  Montague  Bernard,  pav  G.  Koliu-Jacquemyns,  page  11. 


'wm 


I  .■ 


% 


'H 


r\ 


S 


32 


UNFRIKNDLINKSS   OF   GRKAT   DRITAIN. 


1  \ 


■:!iil! 


i| 


I    11 


?■•    J 


'5     -W 


<!o\(niiiiioiit  v,i\H  disposed  (o  nial<o  ii Joint  oiidciivor  with  Her  Mn.joaty's 
CioveruiiK'iit  "  to  ohtiiiii  IVoiii  I'licli  of  tlic  l)<'lli;L;('iviits  [o/ywrcc  tliat  the 
ht.'iKniciits  ircrc  sti/lctl  '■'■  hrllificrnifs^^  seven  (Utijn  in  iidrdvee  of  Ihe  Queen's 
j>roel(thiiill()u\  n  loiiiial  rccoyiiition  ol'  liic  srcoud  iiiid  tiiird  iirticlcs  of 
liic  Dt'cliiialioii  of  I'iuin." 

Lord  (^'owlcy,  on  the  !Uli  of  INfay,  iiiforniod  Lord  .Toliii  Ifiisscll  tliat; 
"  tJK'  Liipi'iial  (loNA'i'iiiaciit  coiiciiiicd  entirely  in  tlie  views  of  Her 
I\LiJes(y's  (ioveriiinent.  and  wonld  ix'  prepared  to  Join  Her  Majesty's 
Ciovernnient  in  endeavorinj^  to  obtain  of  the  l)elli;nerents  a  lorinai 
reeoyiiiiion  of  the  second  and  third  articles  of  the  J)eelaralion  of 
I'aris.-i 

This  proposition  to  open  direct  iie.iyotiations  *\vitli  the  insnr-  [(!<>J 
jL^ents  was  the  second  step  in  the  joint  action  which  had  been 
a;4reed  npon.  L'or  reasons  which  Her  ^Majesty's  (lo^■ernn)ent  is  in  n 
])osiii()ii  t  )  explain,  bnt  which  can  only  be  conjectnred  by  the  United 
States  and  by  the  Tribnnal,  care  appears  to  have  been  ttiken  to  i>revent 
the  knowledge  of  it  from  re.ichiny  the  Goverinnent  of  the  United 
Stales. 

On  the  receipt  of  the  information  from  Lord  Cowley,  Lord  .Volin  lius- 
sell  prepared  at  onc(^  a  drau^^ht  of  instructions  to  J^ord  Lyo'is,  the  Jirit- 
ish  -Minister  at  \Vashin<>t()n,  and,  on  the  KJtli  of  ]May,  sent  them  to 
Lord  Cowley  to  be  submitted  to  the  l]m])eror's  Government.^ 

On  the  next  day  Lord  (.'owley  replied  that  he  had  seen  .AL  Thouvenel, 
the  INIinisti'r  for  Foreijiu  AITairs,  and  added  :  ''  ^L  Tliouvenel  had  already 
Avritten  \o  ^l.  ]\Iercier  [the  l-'rench  Minister  at  Washinjiton]  in  the  same 
terms  as  your  Lordship  proi)oses  to  address  your  instructions  to  Lord 
Lyons.  I  need  hardly  add  that  His  Excellency  concurs  entirely  in  tiio 
drau^jfht."' 

On  tlie  ISth  of  ]\Liy  Lord  Jolni  Ivussell  hastciied  to  send  his  instru(!- 
tions  to  Lord  Lyons.''  lie  told  him  "  to  encoura.ye  the  (lovernment"'  of 
the  United  States  "in  any  disposition  whi(!h  thcyirijjiit  «'vince 
to  recogni/e  the  J)e(;laration  of  I'aris  in  *re;;ard  to  privateeriiiji'' ;"  [07] 
and  he  added  that  "  Her  Majesty's  Oovernment  do  not  doubt  that 
they  will,  without  hesitation,  reco<;nizo  tJie  remaiiiin.t!:  articles  of  the 
dcclai'ation."  lie  continued:  "You  will  clearly  ui'derstand  that  Her 
Majesty's  Government  cannot  accept  the  renunciation  of  jtrivateerin;,'  on 
the  part  of  the  Goveriniient  of  the  United  States,  if  coupled  with  the 
<'ondition  that  they  should  enforce  its  renunciation  on  the  Confederate 
States,  either  by  denyinj;'  their  riyht  to  issue  letters  of  miirque,  oi-  by 
interierinji'  with  the  bellij^erent  operations  of  vessels  hohlin;.;' from  them 
such  letters  of  marque;"  and  he  closed  by  instrnctinj^  Lord  Lyons  to 
take  such  means  as  ho  mi.yht  jiul^c  most  expedient  to  transmit  to  Her 
^Majesty's  Consul  at  Charleston  or  !N'ew  Orleans  a  copy  of  a  previous 
♦lispatch  of  the  same  day,  in  order  that  it  might  be  communicated  to 
3Ir.  .[efferson  Davis  a.t  Montgomery.  Lord  Lyons  had  no  instructions 
to  show  to  !Mr.  Seward  tlu^  dis])atcli  from  -wliich  these  citations  have 
been  made,  and  it  evidently  ^vas  contemplated  that  he  should  not  ex- 
hibit it. 

He  was,  however,  to  road  to  him  the  previous  instructions  of  the  same 
date  referred  to  in  that  dispatch,  and  to  leave  a  copy  with  him,  if  de- 
sired.    Those  previous  instructions,  nund)ored  130,  may  be  found 
on  the  lOTth  page  of  the  lirst  of  the  accom*panyin<>-  volumes.    It      [08] 
was  not  only  to  b(^  shown  to  Mr.  Seward,  but  a  coi)y  of  it  was  to  be 
shown  to  Mr.  Jetfersou  Davis.^    The  attention  of  the  Tribunal  of  Arbi- 


'  Vol.  I,  page  49. 


«  Vol.  I,  piigo  .^)G. 


3  Vol.  I,  i)tigo  51. 


trutic 

instri 

part  ( 

insur; 

were  ( 

cation 

Uiiitci 

.      It  i^ 

use  of 

pose  V 

justitit 

least,  J 

Her  K 

duties 

pose  uj 

liefo 

neccssi 

] 


Intb 
the  [)rii 
their  n, 
tional  h 
wake  li 
sel  shoii 

Great 
l)i'oi)osil 


l)eace  o 
the  Con 
the  abo 

tions  s 
Powers 
Great 
hesion 


II 
ed  by  t 

out  II  fl 

high  se 

of  Pari 

amende 

In  Jti 

acted  u 

tions  ui 

Ject; 

gurated 

On  th 

cession  i 

structiu 

the  Un 


u: 


sj 


'MVO* 


UNFIIIENDLINESS    OF    (lUKAT    UlilTAIN. 


33 


w 


Til**  iiif  trurtioni*  (» 
li'ird  l.yoiti  iiiintii 
liuvti  lii'cii  rrtt.inU'J 
[|H  ;i  en  ML'  mI  w(ir. 


tratioii  iH,  iu  tliLs  coniicijtiou,  piirliiMiliuiy  invited  to  tlio  fact  that  tln'Sf 
iiiHtructionH,  niiiiilxTt'd  l.'Ui,  (contain  notliiii;^'  iinUcatiii^^  a  (Icsi^'ii  on  the 
part  ut*  Uh-.  ISritLsli  (lovcrntncnt  to  put  itself  in  coniinnnication  witli  tlic 
iiisur{,'ent  autlioritics,  nothing;'  to  indiico  Mr.  Suward  to  tliinU  that  tiioy 
were  otiior  tlian  wliat,  on  thoir  i'aco,  they  purported  to  1k',  a  eoinniuiM- 
cation  from  the  (lovernujent  of  (ireat  llritain  to  ilie  (lovernnient  of  the 
United  Statew,  tlironj;h  the  ordinary  diphtinatie  ehaniu'l. 

Jt  is  not  inipi'obalde  tiiat  the  Arbitrators  may  be  of  opinion  that  the 
use  of  the  British  Le{,'ation  at  NVashinj^ton  for  such  a  pur- 
pose was  an  aet  which  tiu'  United  States  wouhl  Iiavii  been 
justilied  in  re^iardin.i''  as  a  causes  of  war.  It  was,  to  say  tlu' 
least,  an  abuse  of  diplomati<!  privilef^e,  and  si  violation,  in  the  person  of 
Her  Majesty's  Prineipal  Setiretary  of  State  for  Forei;;n  Affairs,  of  the 
duties  of  neutrality  whieh  Her  Majesty's  CJovernment  was  about  to  im- 
pose upon  her  subjetits. 

Before  relatinj^  what  Lord  Lyons  did,  under  these  instruetions,  it  is 

necessary  to  pause  in  order  that  the  Tribuind  may  be  informed  wiiat 

Mr.  Seward  and  Mr.   Adams  had    been    (ioiii,y:    in    the    same 

[G9]      *matter  simultaneously  with  the  prgceedinj^s  whieh  have  been 

detailed. 

Ill  the  year  185t  the  Government  of  the  United  States  submitted  to 
the  princii)al  maritinte  nations  two  proiiositions,  soliciting  y„,„^,  ,„,„„„ 
their  assent  to  them  as  i)ermanent  principles  of  interna-  li""rvrtM!n''of  I!" 
tional  law.  These  proi)ositions  were,  that  free  shi[)H  should  '"'s^^'f '•,.,)». 
make  free  goods;  and  that  neutral  property  on  board  an  enemy's  ves- 
sel should  not  be  subje(!t  to  eonliscation  unless  contraband  of  war. 

Great  Britain,  beinj?  then  at  war  with  Russia,  did  not  act  upon  these 
propositions ;  but  in  tlie  Conj^ress  which  assembled  at  Paris  when  the 
peace  of  IS.KJ  was  made,  (heat  Britain  and  the  other  nations,  parties  to 
the  Con«?ress,  gave  their  assent  to  them,  and  to  two  other  [)ropositions — 
the  abolition  of  i)rivateering,  and  the  necessity  of  efliciency  to  the 
legalization  of  a  blockade.  It  was  also  agreed  that  the  four  proposi- 
tions should  be  nuiintained  as  a  whole  and  indi\  isible,  and  that  the 
Powers  who  uiight  accede  to  them  should  accede  to  tliem  as  such.' 

Great  Britain  then  joined  in  inviting  the  irnited  States  to  give  its  ad- 
hesion to  the  four  indivisibh^  i)i>ints.  The  Washington  Cabinet  of  that 
day  replied  that  the  United  States  was  willing  to  assent  to  all  the 
[70]  propositions,  excei>t  the  one  re*Iating  to  lu'ivateering,  as  being, 
in  fact,  recognitions  of  juinciples  which  hacl  always  been  maintain 
ed  by  them ;  but  that  they  could  not  consent  to  abolish  privateering  with- 
out a  further  agreement  to  exempt  private  properly  from  capture  on  the 
high  seas  ;  and  they  i)roposedto  amend  the  declaration  of  the  Congress 
of  Paris  in  that  sense,  and  offered  to  give  their  adhesion  to  it  when  so 
amended. 

In  January,  1857,  tlie  proposals  of  the  United  States  not  having  been 
acted  upon,  their  Minister  at  Lt)n(h>n  was  directed  to  suspend  negotia- 
tions until  the  new  President,  Mr.  Buchanan,  could  examine  the  sub- 
ject; and  the  suspension  continued  until  after  Mr.  Lincoln  was  inau- 
gurated. 

On  the  24th  of  April,  1801,  less  than  two  months  after  Mr.  Lincoln's  ac 
cession  to  power,  i\Ir.  Seward  resumed  the  suspended  negotiations  by  in- 
structing IMr.  Adams-  (similar  instructions  being  given  to  the  Ministers  ot 
the  United  States  to  the  other  maritime  powers)  to  give  an  unqualified 

'  24tli  Protocol,  April  16,  185C,  Cougreas  of  Paris. 
5  Vol.  I,  page  44. 

S.  Ex.  31 3 


m 


34 


UNFItlKNDLINEHS   OF    ORKAT    HUITAIN. 


■.•ii- 


;:i 


aHs<'iit  to  Um'  lour  proixjsitious,  {ind  tobriii;;  the  m'goliution  to  u  Hi»c'edy 
iiixi  satisl'iictorv  coiu'lusioii. 

Owiii}^',  prnliiihly,  to  the  iiitcrruptiou  in  tlui  ('oininimiciitioiis  hctwooii 
Wiisliiii^iloii  and  New  York  when   Hit',  dispatfli  of  April  L'l  was 
wi'iltcn,  .Mr.  Adams  docs  not  appear  to  !iav(^  Ix'cn  aide  to  *('oni-      [71] 
mnnicalc  his  instiiiclions  to  l/onl  .lolin  Iiusscli  bcldn^  tlic.  L'lst  of 
May.     lie  tlifii  informed  Lord  iloini  lliat  lie  liad  received  iiist ructions 
to  ne;;'oti:de,  wliicii  lie  would  '•  suhiiiif  to  Ids  consideration  if  lliere  was 
any  (lisposilion  t(»  pursue  Hie  matter  further."     Lord  .Itdin  liussell  "ox 
pressed  tlio  williuf^ness  of  (Ireat,  Britain  to  nefi'otiat*',  hut,  he  seemed  to 
<lesiri?  to  leave  the  suliject    in  tlio  hands  of  liOi'd  Jjyoiis,  (o  whom  lie 
intimated  that  lie  had  already  transmitted  authority  to  assent  to  any 
niodilication  of  the  only  point  in  issue  whi<!li  the  (Jovt'inment  of  the 
United  States  mij;ht  meter.'''      lie  did  not  inlbrm   "Wv.  Adams  that  he 
also  proposeil  to  open  nejjjotiations  with  the  insurgents,  nor  had  Mr. 
Adams  reason  to  suspect  that  fact. 

Matters  weic  thus  .suspend(^«l  in  Fiondon,  to  enable  Lord  Lyons  t<» 
work  out  liord  .lolm  Jlussell'.s  instructions  at  Washington  and  in  JJich- 
inond.  V 

Lord  Lyons  received  the  dispatches  of  the  IStli  of  May  on  the  Ud  of 
June,-'  and  at  once  conferred  with  JNIr.  3Ierci(U'.  It  was  agreed  that 
they  should  try  to  manage  the  business  so  as  to  jirovent  "an  inconven- 
i(^nt  »)utbreak  from  the  (iovernmeiit"' of  the  United  States.  He  then 
notified  Earl  Russell  of  what  they  proposed  to  do,  and  iiiforme(l  him  of 
the  instructions  to  31r.  Adams  on  tliis  subject.  He  also  intimated 
that  it  would  b(^  unreasonable  *to  expect  that  the  insurgents  [TUj 
should  abandon  privateering,  unless  "  in  return  for  some  great 
concession."  What  concession  remained  to  be  given  except  recognition 
of  national  independence? 

It  was  not  until  the  loth  of  June  that  Lord  Lyons  and  j^Ir.  j\rerei(  r 
eommunicated  the  purport  of  their  instructions  to  Mr.  Sew- 
.-.owwiii,  Mr.  so«-  ard  in  a  joint  interview,  ot  which  w(^  have  Mr.  Seward  s 
account'  and  Lord  Lyons's  account,'"'  both  dated  the  17th  ot 
.hine.  These  accounts  do  not  dilfer  materially.  The  action  as  to  the 
llritish  i\liuister  was  this:  Lord  Lyons  stattid  that  he  was  instnu^ted  to 
read  a,  dispatch  to  Mr.  Seward  and  to  leave  a  .'-opy  with  him  if  desired. 
Mr.  S(!ward  refused  to  permit  the  dispatch  to  be  rt^ad  oflicially,  unless 
he  could  llrst  have  an  opjiortunity  to  acquaint  himself  with  its  contents. 
Lord  Lyons  handed  him  Lor<l  dolin  llussell's  No.  I'M)  for  the  purpose  of 
uuollicial  examination.  Mr.  Seward  saw  that  it  sjiokeof  the  insurgents 
as  belligerents,  and  on  that  ground  refused  to  permit  it  to  be  olllcially 
communicated  to  him.  lie  added  that  he  preferred  to  treat  the  (pies 
tion  in  London,  and  Lord  Lyons  left  with  him,  nnoflicially,  a  copy  of 
Lord  dohu  ]ius.sell"s  l.'JU,  in  order  that  he  might  more  intelligently  in 
struct  Mr.  Adams. 

The  instinctions  thereupon  written  to  Mr.  *Adams  are  in  the  [73] 
same  tone.'  Mr.  Seward  expresses  regret  that  the  British  and 
Kiench  governments  should  have  seen  lit  to  take  joint  action  in  the 
matter ;  he  refuses  to  admit  that  there  are  two  belligerent  parties  to  the 
struggle;  ho  expresses  regret  that  Great  Britain  did  not  await  the 
arrival  of  ]Mr.  Adams  betbre  instructing  Lord  Lyons,  as  JMr.  Adams's 
instructions  covered  the  whole  ground ;  but  he  nowhere  manifests  a 
knowledge  of  the  purpose  of  Great  Britain  to  enter  into  communica- 


■  Vol.  I,  page  52.        -  Vol.  I,  page  55. 
<  Vol.  I,  page  CO.         '  Vol.  I,  page  62. 


"  Vol.  I,  pago  .'5C. 
•iVol.  1,  pagoa05. 


ITNKRIENDIJNKSH   OF   ORKAT    URITAIN. 


Sb 


tidiiA  with  the  JiiMiit'rcnts  iit  I'ichinoiMl.    Tliiit  wiis  MtiKlioiisly  coiicciilrd 
I'wm  him. 

Tlic  ii('f,'(>ti(iti(nis  were  llicii  traiisrcrrcil  iitfuiii  to  !i(Ui(loii.  to  tho  "pro- 
fonml  Hiirpiiw  "'  of  Mr.  Adiiins.  Tlicy  wi>ro  proliactcd 
there  until  Hit  IDtli  (»r  Aiijiiist,  wlieii  I^ord  I'nssell  iiironiied  ,,.iiMt^l'i'nn"'''''.'vi.j' 
Mr.  Adiiiiis  rh  t,  (iresiL  I'.riliiiii  coiild  only  receive  the  sisseiit 
(>[■  th(^  niiili'ii  States  totlic  DecIiinUion  of  Paris  upon  theeojidition  that 
ller  Majesty  sIiomNI  n(>t  therehy  ''undertake  any  en^a^cineut  whieti 
slionid  liav(^  any  I tearinji,  direct  <>i'  indire(;t,''  upon  tlie  insurrection. 
Tho  United  States  declined  to  he  put  upon  a  dill'erent  lootiuj;  from  tlia.t 
of  tlu^  forty  two  in(h'pend<'n  t  Powers  enumerated  in  lior<l  IJussell's  No. 
l.'Ki  to  Lord  liyons,  wliose  assent  iiad  been  received  without  t'onditiouH, 

and  the  ne;;otiat ions  dropped. 
[74]  *The  arbitrators  will  thus  jtereeive  that  Her  Majesty's  Govoni- 

m(ud,  haviuf^  recoj^nized  tlic^  insur^fcnts  as  belli,t,'er- 
ents,  felt  itself  bound  to  receive  tlu^  assent  of  tiie  (IniUMl  -ir'Vu,'.' iSl^  p'^ 
States  to  the  (h'clarations  of  the  Congress  of  I'jiiis  oidy  '"'"""" 
(;on<litionally,  so  as  to  have  nobeariu;;'  u|)on  letters  ot  nianpie,  that  mif^ht 
he  issued  by  the  insui'{^(^uts.  IJut  tiu'y  wil^  also  observer  that  tho  two 
steps  of  the  re(U)}jrnition  of  bellijicreney  and  the  invitations  to  ascent  to 
the  siH'oiul  and  third  <'lauses  in  the  declarations  were  taken  sinudtane- 
oiisly,  in  aiu'onhince  with  a  pr«'vious  arran<,'em<'nt  for  Joint  a('tion  ;  and 
it  is  not  impossibh^  that  they  may  come  to  th«^  <'onclusion  tliat  llci' 
Majesty's  (Jovernment,  when  the  iiisui'ji'ents  wore  reco;,'nize(l  as  bellii<Tcr- 
eiits,  contcMiiphited  that  they  would  proceed  to  issue  letters  of  manpic, 
and  intcnchMl  to  le{;aIizo  tliosi'  letters  in  the.  eye  of  Hritish  law,  and  to 
counteuiinct^  the  bearers  of  them  in  the  destruction  of  American  com- 
merce. 

Meanwhile  Lord  Lyons  Inul  not  forgotten  his  iustiuctioiiH  to  secure 
the  assent  of  Mr.  .Fetferson  J)avis  to  the  second  and  third  rules  of  the 
Declaration  of  I'aris. 

On  the  nth  of  July  he  sent  instructions  to  Mr,  Ihiuch,  Uritish  Oonsiil 
at  ('harleston,  to  "obtain  frenj  tln^  exisliiif"-  government  in       n,.„oi,„i,o,.-  at 

those  [th(^  insnrgc'ut  |  States  securities  concerning  the  ''"i""™'i 
[THJ  ])roper  treatment  of  ni'Utrals.*'^  He  iniiloscd  a  copy  of  *  Lord 
Uussell's  I'M'k  He  advised  Mr.  JJunch  not  to  go  to  Richmond,  but 
to  comminiicate  through  the  governor  of  the  State  of  South  (JaroUha; 
iuid  he  accompanied  this  with  "a  long  ]>rivate  letter  on  the  same  sub- 
ject." -The  nature  of  that  private  letter  may  be  gathered  from  what 
Mr.  Bunch  did. 

He  put  himself  and  his  French  colleague  at  once  in  communication 
with  a  geutlenum  who  was  well  cpialiticd  to  serve  his  purpose,  but  who 
was  not  the  governor  of  South  Carolina.  They  showed  to  this  agent 
Lord  John  Kussell's  dispat(!h  to  Lord  Lyons,  and  Lord  Lyons's  ofli(!ial 
and  private  letters  to  Mr.  liunch,  and  they  told  him  that  the  step  to  be 
taken  was  one  of  "  very  groat  .'<ignificaiu!e  and  importance."  The  agent 
asked  them  wh(>ther  they  "were  pre])ared  to  receive  an  oflicial  act 
which  should  bo  based  upon  their  request,  thus  giving  to  the  Confeder- 
.ate  (Tovernment  the  advantage  before  the  world  of  such  an  implied  re- 
cognition as  this  would  att'ord."  ^  They  replied  that  they  "  wished  a 
spontaneous  declaration  ;"  "  that  to  make  this  request  thedechired  basis 
of  the  act  would  be  to  proclaim  this  negotiation,  and  the  intense  jeal- 
ousy of  the  United  States  was  such  that  this  would  bo  followed  by  the 
revocation  of  their  exequaturs,"  whicli  they  wished  to  avoid  ;  that  could 


m 


'  I 


C 


■Mr 


r\ 


'  Vol.  I,  page  71. 


•JVol.  I,  pagelSS. 


'^  Manuscript  in  Department  of  Statue. 


36 


UNFRIENDLINESS    OF    GREAT    BRITAIN. 


m 


1:1 


only  look  upon  this  ste[)  as  the  initiutivo  tovviird  a  rcciojjiiition, 
ycit  the  object  of  thoir  Govrrmnont  beiuy  to  roach  that  *r('(;o}ini-      [76; 
r.ion  gradually,  so  as  not  to  jj;ivc  .nood  j;romid  for  a  broach,  this 
indirect  way  Avas  absolutely  necessary.'"    And  they  added,  "All  we 
iiavo  a  right  to  ask  is  that  you  shall  not  give  publicity  to  this  negotia- 
tion; that  Ave  nor  our  Govorninents  should  bo  upon  the  record."^ 

Thoir  agent,  being  thus  possessed  of  thoir  views,  went  to  Eiclunond, 
with  Lord  Lyons's  letters  and  Lord  llussoirs  dispat(!h,  and  while  there 
ho  secured  the  passage,  in  the  insurgent  congress,  of  resolutions  partially 
draughted  by  Mr.  Joiferson  Davis,  whi(!h  declared  their  i)urpose  to 
observe  princijdes  toward  neutrals  similar  to  the  second  and  third  rules 
of  the  Declaration  of  Paris:  that  blockades  to  be  binding  must  be 
effectual ;  and  that  they  '■'■maintained  the  riyht of  priratcerinf/.''^-  In  com- 
municating this  result  to  Lord  Lyons,  IMr.  Bunch  said,  "  The  wishes  of 
Her  Majestifs  Government  would  seem  to  have  been  fidhf  met,  for,  as 
no  proposal  was  made  that  the  Confederate  Gorernmcnt  should  abolish 
privateering,  it  could  not  be  cvpeetcd  that  thei/  should  do  so  of  their  own 
accord,  particnlarhj  as  it  is  the  arm  upon  which  theijmost  rcli/for  theinjiin/ 
of  the  extended  commerce  of  their  enemy.''^''  The  United  States  think  that 
tiie  tribunal  of  Arbitration  will  agree  with  Mr.  Bunch,  that  it 
was  '"not  expected  that  the   insurgents  avouUI   abolish  priva-      [77 1 

U<3eril..:;- 

The  Tribunal  of  Arbitration  cannot  fail  to  observe  that  the  pro[)osi- 
tTons  Avhicli  Avero  made  m  these  negotiations  to  the  (lovornmcnt  of  the 
United  States  were  communicated  to  the  insurgents,  Avhile  pains  were 
taken  to  conceal  from  the  United  States  the  fact  tliat  negotiations  Avere 
opened  at  Bichmond;  that  Earl  Bussell  refused  to  receive  the  assent  of 
the  United  States  to  the  Declaration  of  Paris,  except  upon  conditions 
dcrogatorj'  to  their  sovereignty ;  and  that  Lord  Lyons  was  instructed  to 
secure  the  assent  of  the  GoA'ernnient  of  the  United  States  to  the  four 
principles" laid  down  by  the  Declaration  of  Paris,  while  he  Avas  in- 
structed, as  to  the  insurgents,  to  secure  their  assent  only  to  the  second, 
tihird,  and  fourth  propositions;  and  had  no  instructions  to  take  steps  to 
prevent  privateering  or  to  induce  the  insurgents  to  accept  the  first  rule 
in  the  Declaration  of  Paris,  although  it  had  been  agreed  that  the  rules 
should  be  maintained  as  a  Avhole  and  indivisible,  and  that  the  Powers 
who  might  accede  to  them  shoidd  accede  to  them  as  such.  The  practi- 
cal cti'ect  of  this  diplomacy,  had  it  been  successful,  Avould  haAM;  boon  the 
destruction  of  the  commerce  of  the  United  States,  (or  its  transfer  to  the 
British  flag,)  and  the  disarming  a  principal  Aveapon  of  the  United 
♦States  upon  the  ocean,  should  a  continuation  of  this  course  of  [78] 
insincere  neutrality  unhapi»ily  force  the  United  States  into  a  war. 
Great  Britain  Avas  thus  to  gain  the  benctit  to  its  neutral  commerce  of 
the  recognition  of  the  second  and  third  articles,  the  rebel  privateer 
crjp\sers  Avere  to  be  protected,  and  their  devastation  legalized,  while  the 
United  States  Avere  to  be  deprived  of  a  dangerous  weapon  of  assault 
upon  Great  Britain. 

When  the  whole  story  of  these  negotiations  was  understood  by  Mr. 
Adams,  he  Avrote  to  his  Government  as  foUoAVS:* 

•'  It  now  appears  plainly  enough  that  he  wanted,  from  the  first,  to  get 
Mr.  Arian.6 s  com.  thc  fu'st  artlclc  of  tlio  Declaration  of  Paris  out  of  the  nego- 
'■"""  tiatiou  altogether,  if  he  could.    But  he  did  not  say  a  word  of 

this  to  me  at  thc  outset,  neither  was  it  consistent  with  the  position  hereto 

'  Unpublished  manuscript  in  1  ho  Department  of  State  at  Washington. 
'J  Vol.  I,  page  137.  ■■>  Vol.  I,  page  ISG.  "  Vol.  I,  page  103. 


fore  tal 
sinii)le. 
that  it 
Lord  L 
that  mi 

1 7!)]      ■. 
1 
oitlier  t 
that  th« 
monts,  1 
the  Dec 
But  he 
which  is 
the  issi 
United  i 
ing  j»riv 
sition  w< 
ever.     I 
adopted, 
tion  of  J 
for  a  mo 
nieut.    J 
beoi!  giv 
Yet,  witl 
th 
[80]      t,AV 
or 
{)ropose.'' 
n]ion  ii 

conohu 

"How 
Queen's 
Britain 
the  acts 
as  well 
and  yet, 
declares 
pnre  aiu 
receive 
it  might 
^I'hich  ».n 
<liem  as 
the  18th 
of  iiatioi 
hand,  wl 

[81]      Hi 

to  Lord 
position 
to  the  It 
the  imprl 
belbi'e  oil 
thing  co( 
propositi^ 


UNFRIENDLINESS    OF    GREAT   BRITAIN. 


37 


fore  taken  respectiii  j?  tli(!  necessity  of  aocoptiiiR'  the  declaratiou  '  pure  ami 
simple.'  "What  I  recollect  him  to  have  said  on  the  IStU  of  May  was, 
that  it  had  been  the  disposition  of  his  OJovernment,  as  communicated  to 
Lord  Lyons,  to  a^ree  upon  almost  any  terms,  respecting  the  first  article, 
that  might  suit  the  (lovernment  of  the  United  States.  When  reminded 
of  this  afterward,  he  nu)dilied  the!  statement  to  mean  that  the 
[70]  article  might  be  omitted  altogether.  It  now  *turns  out,  if  we 
may  judge  from  tliMnstruct  ions,  that  he  did  not  j)recisely  say 
either  the  one  thing  or  the  other.  Substantially,  indeed,  he  might  mean 
tliat  the  general  law  of  nations,  if  affirmed  between  the  two  Goverri 
ments,  would,  to  a  certain  extent,  attain  the  object  of  tbe  first  article  oi 
the  Declaration  of  Paris,  without  the  ado]>tion  of  it  as  a  new  principle. 
But  he  must  have  known,  on  the  day  of  the  date  of  these  instructions, 
icltich  in  the  rtnj  daij  of  Ida  first  conference  icith  me.  and  four  days  after 
tlie  issue  of  the  (Queen's  rroclamation,  that  the  (lovernment  of  the 
United  States  contemplated,  in  the  i)ending  sti'uggle,  neither  eneourag 
iiig  j)rivateers  nor  issuing  letters  of  marque ;  hence  that  such  a  propo- 
sition would  only  (complicate  the  negotiation  for  no  useful  purpose  what- 
ever. Besides  which,  it  shoidd  be  borne  in  mind  that  the  effect,  it 
adopted,  would  have  been,  instead  of  a  siujple  adhesion  to  the  Declara- 
tion of  Paris,  to  render  it  necessary  to  reopen  a  series  of  negotiations 
for  a  modilication  of  it  between  all  the  numerous  parties  to  that  instni- 
nient.  Moreover,  it  is  admitted  by  his  Lordship  that  no  i)owers  had 
been  given  to  make  any  convention  at  all^the  parties  could  only  agree. 
Yet,  without  such  powers,  what  was  the  value  of  an  agrcenuMit  1  For 
the  Declaration  of  Paris  was,  by  its  very  terms,  binding  only  be 
[80]  tween  parties  who  acceded  to  it  as  *a  whole.  Her  Majesty's  Go\- 
ernment  thus  placed  themselves  in  the  i)Osition  of  a  party  which 
proposes  what  it  gives  no  authority  to  perlbrm,  and  which  negotiates 
upon  a  basis  on  which  it  has  already  deprived  itself  of  the  i)ower  to 
conclude. 

"  llow  ar(i  we  ^  reconcile  these  incour4stencies  ?  I>y  the  terms  of  the 
(Jueen'.s  Proclamation  his  lordshij)  nuist  have  been  aware  that  Great 
Britain  had  released  the  United  States  from  further  responsibility  for 
the  a(!ts  of  its  new-made  belligerent  that  was  issuing'  letters  of  mar(]ue, 
as  well  as  from  the  possible  oii'ensesof  privateers  sailing  under  its  Hag; 
and  yet,  when  the  Government  of  the  United  States  (onu>s  forward  and 
declares  its  disposition  to  accept  the  terms  of  the  Declaration  of  Paris, 
pure  and  simple,  the  Government  of  Her  ]\lajesty  cannot  consent  to 
receive  the  very  thing  that  they  have  been  all  along  asking  for,  because 
it  might  possibly  com])el  them  to  deny  to  certain  privateers  the  rights 
which '.nay  accrue  to  them  by  virtue  of  their  voluntary  recognition  oi 
them  as  belonging  to  a  belligerent  power.  Yet  it  now  appears  that,  on 
the  18th  of  May,  the  same  Goveriunent  was  willing  to  reafhrm  the  law 
of  nations,  Avhich  virtually  involved  the  very  same  difllculty  on  the  one 
hand,  while  on  the  other  it  had  given  no  powers  to  negotiate  a  new  con- 
vention, but  contem])lated  a  simple  adhesion  to  tlie  old  declaration 
[81]  on  *the  part  of  the  United  States.  The  oidy  way  by  which  I  can 
explain  these  various  involutions  of  policy  with  a  proper  regard 
to  Lord  Kussell's  character  for  straightforwardness,  which  1  have  no  dis- 
position to  impugn,  is  this:  H((  may  have  instructed  Lord  Lyons  i)rioi' 
to  the  18th  of  May,  the  day  of  our  first  conference.  I  certainly  received 
the  impression  that  he  had  done  so.  Or  he  may  have  written  the  paper 
before  one  o'clock  of  that  day,  and  thus  have  referred  to  the  act  as  a 
thing  completed,  though  still  w  ithin  his  power,  in  order  to  get  rid  of  the 
proposition  to  negotiate  directly  here.    Of  that  I  do  not  i)retend  to  judge. 


My,\ 


m 


m 


I 


»l 


r\ 


38 


UNFRIENDLINESS    OF    GREAT    BRITAIN. 


ill  I 


Contraat  hrUvcrn 
fMriilnct  of  Grp;it 
UnVun  toward  tin; 
Uditcil  StiitCH,  ill  tlu- 
'IVont  iiir.iir.  anil  In- 
\-:.\rA  viitliilurs  ul 
Iln'i-ii  iiLiiiriliiy  iii 
til"   ui.sursciil   inter- 


But  neitlicr  in  one  case  nor  in  tbc.ollior  was  there  the  siiuillest  iiitiina- 
tion  of  Ji  desire  to  put  in  any  eavoat  whatever  of  the  liiiul  i)ro])oaGd  in 
his  last  declaration.  That  seems  to  ha\e  been  an  afterthoii,nht,  sug- 
gested when  all  other  obstacles  to  the  success  of  a  negotiation  iiad  been 
removed. 

"That  it  originated  with  Lord  Itussell  I  cannot  credit  consistently 
with  my  great  respect  for  his  character. 

"That  it  was  suggested  alter  his  i)roposed  consultation  with  his  col- 
leagues, and  by  some  member  who  had  in  view  the  deleat  o^'  the  nego- 
tiation in  the  interests  of  the  insurgents,  I  am  strongly  inclined  to 
believe.  The  same  intiuence  may  ha\(!  been  at  work  in  the  earliiu- 
stages  of  the  business  *as  well  as  the  latest,  and  have.communi-  [S2] 
cated  that  uncertain  and  indirect  Jnovenient  which  1  have  com- 
mented on,  not  less  inconsistent  with  all  my  notions  of  his  lordslnp's 
character  tlian  with  the  general  re])utation  of  British  policy." 

The  partial  purpose  which  was  thus  disclosed  in  the  first  olhcial  act 
of  the  Queen's  (iovernment,  after  the  issue  of  the  ])roclama- 
tion  of  neutrality,  ai)pears  often  in  the  subsecpient  conduct 
of  tliat  (jovernmeut. 

Thus,  when,  a  lew  months  later,  an  officer  of  the  Navy  ol" 
the  United  States  had  taken  I'rom  the  deck  of  a  British  ves 
sel  on  the  high  seas  lour  i)r()minent  agents  traveling  on  an 
errand  that,  if  successful,  would  result  in  disaster  to  the  ITniied  States, 
against  which  they  were  in  rebellion,  the  course  of  the  British  Cabinet 
indicated  an  unlriendliness  so  extreme  as  to  approach  to  a  desire  foi' 
war.  The  news  of  this  reached  both  countries  at  about  the  same  time. 
In  the  United  States,  while  there  was  sonu'  excitement  aiul  some  juani- 
fostation  of  pleasure,  Jjovd  Lyons  bears  witness  to  the  modeiation  oi 
the  tone  of  the  i)ress.'  Mr.  Seward  iinnu'diately  wrote  Mr.  Adatns  to 
acquaint  him  that  the  act  of  Captain  Wilkes  was  unauthorized,  and  Mr. 
Adams  communicated  this  I'act  to  Lord  Kussell.'- 

*The  excitement  in  England,  on  the  contrary,  was  intense,  and  [S:>] 
was  fanned  into  animosity  by  the  jiress.  Although  without  in- 
formation as  to  the  purpose  of  the  (Joveiiiment  of  the  United  States, 
peremjjtory  instructions  were  inunediately  sent  to  Lord  Lyons  to  d.e- 
mand  the  release  oi  the  four  gentlemen,  and  to  leave  Washington  with  all 
the  meud)ers  of  the  legation,  if  the  demand  was  luit  complied  with  in 
seven  days.'' 

In  anticipation  of  a  refusal,  vessels  of  war  were  hurriedly  fitted  out 
at  the  naval  stations,  and  trooi)s  were  pressed  ibrward  to  Canada.  In 
the  midst  of  this  preparation  Lord  Kussell  received  from  Mr.  Adams 
official  information  that  the  act  had  not  been  authorized  by  the  (Jovern- 
nient  of  the  Uinted  States;  but  this  intelligence  was  suppressed,  and 
public  opinion  was  encouraged  to  drift  into  a  state  of  hostility  toward 
the  United  States.  The  arming  continued  with  ostentatious  i)ublicity ; 
the  warlike  preparations  went  on,  and  the  peremptory  instructions  to 
Lord  Lyons  were  neither  revoked  ncn-  in  any  sense  modified. 

Contrast  this  conduct  of  (ireat  Britain  with  reference  to  a  violation 
of  British  sovereignty  that  had  not  been  authorized  or  assumed  by  the 
Government  of  the  United  States,  and  that,  to  say  the  least,  could 
be  plausibly  delended  by  reference  to  *the  decisions  of  Sir  Wil-      [84] 


'  Lord  Lyons  to  Earl  Russell,  Nov.  25,  1861,  Blue  Book  No.  !>,  North  America,  I86s5, 
piiKc  10. 

^Earl  Russoll  to  Lord  Lyons.    Same,  piij^e  11. 

^  Earl  RuKai'll  to  Lord  Lyons.    Blue  Book  No.  5,  North  America,  1802,  i)aj?o  I?. 


iS5J 


[8GJ 


the  in 


'  Tlie  . 
in  Lond 
tained , 
the  trnt; 
lem  of 
deS])otic 
:it  dill'e] 
in8i.sted 
■subjecta 
two  ncj) 
from  Ell 
have  al\ 
and  the 
have  be 
••onCodeJ 
lied  in  p 
taets  tli( 
iinif'onn 
vessels 

"  It  i.'^ 
in  Justif 
to  bo  in. 
lution, 

-Mr. 

'  Vol. 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


39 


Aiucvica,  ISG2, 


liaui  Scott,'  witli  its  course  ooncerniug:  the  open,  uiKlip,';juiscd,  oft-ro- 
peatod,  llaj^Tant,  aiid  indefensible  violations  of  British  sovereignty  by 
the  aj^ents  ot  tlie  insurgents  in  Liverpool,  in  Glasgow,  in  Lon<lon,  in  Nas 
.sau,  in  Bermuda,  it  may  almost  be  said  wherever  the  ]}ritish  Hag  eould 
give  them  shelter  and  jn-otection.     When  the  intbrmation  us  to  the  Flor- 
ida Avas  conveyed  to  Iler  Majesty's  PriiK-ipal  Secretary  of  State  for  For- 
eign Affairs,  lie  interposed  no  objection  to  her  sailing  from  Liv- 
jSr>J      erpool.    When  the  overwhelming  *proof  of  the  comi)licity  of  tlie 
Alabama  was  laid  before  him,  he  delayed  to  act  until  it  was  too 
late,  and  then,  by  his  Jieglect  to  take  notice  of  the  uotorioas  criminals, 
he  encouraged  tlie  guilty  Laird  to  construct  the  two  rebel  rams — the 
Iceel  of  one  of  them  being  laid  on  the  same  stocks  from  which  the  Ala- 
bama had  just  been  launched.^    When  the  evidence  of  the  character 
and  destination  of  those  rams  was  brought  to  his  notice,  he  held  it  for 
almost  two  months,  although  they  were  then  nearly  ready  to  go  to  sea, 
and  then  at  hrst  refused  to  stop  them.    AYiser  and  more  just  counsels 
prevailed  four  days  la.ter.^    And  when  Mr.  Adams,  under  instructions 
from  liis  Government,  transmitted  to  Earl  Itussell  convincing  proof  ol 
•' a  deliberate  attempt  to  establish  within  the  limits  of  this  kingdom 
[Great  Britain]  a  system  of  action  in  direct  hostility  to  the  Government 
of  the  United  States,"^  embracing  "not  only  the  building  and  litling 
out  of  several  ships  of  war  under  the  direction  of  agents  especially  com- 
missioned for  the  pur[)ose,  but  the  i^reparation  oi'  a  series  of  measures 
under  the  same  auspices  for  the  obtaining  i'rom  Iler  .Majesty's  subjec-ts 
the  i)ecuniary    means   essential    to    the    execution    of   those    hostile 
projects,"'"'   Lonl  JIussell  refused  to  see  in  the  iiu-losed  ] tapers 
[80]      any  *evidenee  of  those  facts  worthy  of  his  attention,  or  of  the 
action  of  Her  Majesty's  Government." 
It  is  not  surprising  that  the  consistent  course  of  partiality  toward 
the  insurgents,  which    bis  ]Minister  evinced  throughout  the  struggle, 
should  have  drawn  from   Mr.  Adams  the  desitairing   assertion   that 
he  was  "  jiermitting  himself  to  bo   deluded   by  what  1  cannot  help 
thinking  the  willful  blindness  and  credulous  [tartiality  of  the  British 
authorities  at  Liverpool.    From  experience  in  the  past  J  have  little  or  no 
eonfulenec  in  anxj  applieation  that  may  be  made  of  the  A/jk?."'^    The  prob- 

'The  Atlanta,  0  Charles  Ko1)iiis(ni's  Reports,  page  •t'lO.  On  {lie  reccii)t  of  tlu!  ik.-wn 
ill  Lomton,  the  Times  of  Noveiiibt^r'^H,  IHdl,  iiiiblished  u  h'adiiif;  article  whieli  con- 
tained .jome  Htateinents  worthy  of  note.  Ani<.)iig  other  thiiij^s  it  said :  "  llnwelcoino  an 
the  truth  may  he,  it  is  never; heless  a  truth,  tliat  we.  have  ourselves  estalilished  a  sys- 
leiu  of  liileriiatioual  Law  wiiich  new  tells  against  ns.  In  high-handed  and  almost 
desjiotie  manner  wt;  have,  in  former  days,  claimed  priviU'ges  over  neutrals  which  have 
at  dillerent  times  handed  all  tlie  maritime  powers  of  tlie  world  against  us.  We  hav(< 
insisted  (jven  upon  stopping  theshiiis  of  war  of  neutral  nations,  and  (akiiig  British 
subjects  out  of  them  ;  and  an  instance  is  given  by  .leli'eison  in  his  Memoirs  in  wliicli 
tw(')  nephews  of  Wasldngton  were  impressed  by  our  eiuisers  as  they  wen;  retiiruiug 
from  Eurojic,  and  placed  as  common  seamen  uiKler  tlie  disciidiiK^  ofsliiys  of  war.  We 
have  always  been  the  strenuous  asserters  of  the  rights  of  belligerents  over  neutrals, 
and  the  decisions  of  our  courts  of  law,  as  they  must,  now  lie  cited  by  our  law  otlic^^iis, 
have  been  in  conliruiatiou  of  these  unreasonable  claims,  which  have  called  into  being 
ion  federal  ions  aii<l  armed  neutralities  against  us,  and  which  Inve  always  been  modi- 
lied  in  practice  when  we  were  not  siipreiuo  in  our  doniiniou  at  sea.  Owing  to  these 
facts  the  authorities  which  may  be  cited  on  this  f|uestion  are  too  unuierous  and  too 
uniform  as  to  the  right  of  search  by  belligerent  ships  of  war  over  neutral  merchant 
vessels  to  be  disputed.  *         .       *  *  *  *  * 

"It  is,  and  it  always  has  heeu,  vain  to  appeal  to  old  folios  and  bygone  aiillioritics 
in  Justification  of  acts  which  every  Englishman  and  every  Frenchman  cannot  but  feel 
to  be  injurious  and  insulting."  Sec  also  the  case  of  Henry  Laurens,  Dip  Cor.  of  Revo- 
lution, Vol.  I,  page  708,  cl  .«</. 

-  Mr.  Dudley  to  :^Ir.  Howard,  Vol.  II,  page  315.  » Vol.  II,  page  ;kW. 

*  Vol.  I,  page  .'502.  « Vol.  I,  page  GtiSi.  « Vol.  I,  page  578.       '  Vol.  I,  page  5*^1). 


40 


UNFRIENDLINESS    OF   GREAT   BRITAIN. 


,ttl 


ji. 


able  cxplaiiiition  of  Lord  Russell's  course  is  to  be  found  in  his  oWu 
declaration  in  the  House  of  Lords :  "Tliere  may  be  one  end  of  tlie  war 
that  would  i)rove  a  calamity  to  tlie  United  States  and  to  the  world,  and 
especially  calamitous  to  tlie  negro  ra<!e  in  those  countries,  and  that 
would  be  the  subjugation  of  the  South  by  the  North.'"  lie  did  not 
desire  that  the  United  States  should  succeed  in  their  eilbrts  to  obtain 
that  result.  The  policy  of  Great  Britain,  uiuler  his  guidance,  but  for 
the  exertions  and  sacrihce.s  of  the  people  of  the  United  States,  might 
have  prevented  it. 

The  insincere  neutrality  which  induced  the  Cabinet  of  London  to 
hasten  to  issue  the  (Queen's  Proclamation  nT)on  the 
mynn  o„  tia  iinthh  evc  01  tlic  day  tluit  iVlr.  *Adams  was  to  arrive  ni  Lou-      [87] 
ncutMi.tj.  ^.|^^^^  _^^^^j  Avhicli  prom])ted  the  counselings  with  France, 

and  the  tortuous  cour-'.es  as  to  the  Declaration  «f  1  he  Congress  of  Paris 
which  have  Just  been  unraveled,  has  been  well  described  by  Mr.  Rolin- 
.Ja(!quemyns:  "  L'ideal  du  personage  nentyanim  partiuiiij  i^k'i^t  le  juge 
qui,  dans  ]"a])ologue  de  I'liuitre  et  les  plaideurs,  avale  le  contenu  du 
mollustpu^,  et  adjuge  les  ecaillesaux  deux  belligerents.  II  n'estd'aucun 
parti,  mais  il  s'cngraisse  scrupulcusement  aux  de])ens  de  tons  deux. 
Une  telle  conduite  de  la  part  d'un  grand  peui)lepeutetreaussiconfornie 
aux  i)recedents  (pie  c(>lle  du  venerable  magistrat  dont  i)arle  la  fable. 
Mais  qnand  elle  se  foiide  sur  une  loi  positive,  sur  une  regie  adniise,  c'est 
une  preuve  que  cette  regie  est  nianvaise,  comme  contraire  Jl  la  science, 
a  la  dignite  et  il  la  solidarite  liumnine."'^ 

This  feeling  of  personal  unfriendliness  toward  the  United  States  in 
the  leading  nienil)ers  of  the  British  (jovernnient  continued  daring  a 
long  ])ortion  or  the  whole  of  the  time  of  the  commission  or  omission  of 
acts  hereinafter  complained  of. 

Thus,  on  the  J  1th  day  of  October,  in  the  year  18(51,  Earl  RusselP 
ivoif  rf  ,..,in.h,t  said,  in  a  public  speech  nnulo  at  Newcastle:  "Wo 
bcr^'oi''ii,"'i!nT"l;  "ow  SCO  tlic  two  partlcs  (in  the  *  United  States)  con-      [88] 
Cabins.  tending  together,  not  upon  the  question  of  slavery, 

though  that  1  believe  was  probably  the  original  cause  of  the  quarrel, 
not  contending  with  respe(;t  to  free  trade  and  jjrotcction,  out  contend- 
ing, as  so  many  States  in  the  Old  World  have  contended,  the  one  side 
for  empire  aiul  the  other  for  independence.  [Cheers.]  Far  be  it  from 
nw  to  set  ourselves  up  as  judges  in  such  a  contest.  But  1  cannot  help 
asking  myself  frequently,  as  I  trace  the  progress  of  the  contest,  to  what 
good  end  can  it  tend?  [Hear!  Hear!]  Supposing  the  contest  to  end 
in  the  reunion  of  the  ditVcvent  States  ;  supposing  that  the  South  should 
agree  to  enter  again  the  Federal  Union  with  all  the  i  ights  guaranteed 
to  her  by  the  Constitutio.i ;  should  we  not  then  have  debated  over  again 
the  fatal  question  of  slavery,  again  provoking  discord  between  North 
and  South?  *  *  *  Rut,  on  the  other  hand,  supposing  that  the  Fed- 
eral Government  completely  conquer  and  subdue  the  Southern  States ; 
sui)posiug  that  be  the  result  of  a  long  military  contlict  and  some  years 
of  civil  Avar;  would  not  the  national  ]nosperity  of  that  country,  to  a 
great  degree,  be  destroyed  ?  *  *  *  It  such  are  the  unhapi)y  results 
which  alone  can  be  looked  forward  to  from  the  leuniou  of  these difterent 
parts  of  the  North  American  States,  is  it  not  then  our  duty, 
though  our  voice,  and,  indeed,  *the  voice  of  any  one  in  this  [89] 
country,  may  be  little  listened  to — is  it  not  the  duty  of  men  who 

'  Vol.  IV,  pagcj  535. 

"Do  la  iuMitr;ilit(S  do  hi  ftninde-Brotagno  ])oudaufc  la  guevro civile  am<;ncaino,  d'aprds 
M.  Montagiio  Bornard,  par.  G.  RoUii-Ja^qneniyus,  page  I'-i. 
3  Loiidou  Times,  October  IG,  18GI. 


[00] 


"I 

reuiar 

utterl;5 

be  hai 

the  mi 

cheers 

they 

liberty 

Tw( 

memb 

were 
u  fp 

the  si 
Stiitet 
was 
ex)uut 


lis  o\Vn 
the  war 
rid,  and 
lid  that 
did  not 
obtain 
but  lor 


,  niiglit 


•ndon  to 

n-      [87] 
c, 

of  Pans 
r.  Kolin- 
Ic  Jugc 
1  ten  II  du 
t  d'ancuii 
us  deux, 
conrorinc 
>,  la  fable, 
iiiso,  c'est 
[I  science, 

States  ill 

during  a 

nissiou  of 

[  EusselP 
We 

:on-      [88] 
?ry, 

le  quarrel, 
b  contend- 
e  one  side 
be  it  from 
unot  help 
st,  to  what 
;est  to  end 
uth  should 
fuaranteed 
over  ajjfuin 
eon  North 
it  the  Fed- 
rii  States ; 
omo  years 
uitry,  to  a 
ipy  results 
sedilteront 
iity, 

this      [89] 
who 

laino,  d'liprds 


UNFRIENDLINESS   OF   GREAT   15RITAIN. 


41 


were  so  lately  fellow-citizens — is  it  not  the  duty  of  men  who  profess  a 
ro{,'ard  for  the  priiicii)les  of  Christianity — is  it  not  the  duty  of  men  who 
wish  to  preserve  in  perpetuity  the  sacred  inheritance  of  liberty,  to  en- 
deavor to  see  whether  this  sanguinary  coiillict  cannot  be  put  an  end  to  ?'' 
Mr.  Gladstone  also  sjioke  at  Newcastle  on  the  7th  day  of  October, 

1802.  It  is  scarcely  too  much  to  say  that  his  language,  as  well  as  much 
of  the  other  language  of  members  of  Ilor  iMajesty's  ( iovernmont  heroin 
quoted,  might  well  have  been  taken  as  oilonsivo  by  the  United  States. 
Lie  said  :  ^  ''  We  may  have  our  own  opinions  about  slavery ;  wo  may  be 
for  or  against  the  South ;  but  there  is  uo  doubt  that  Jeiferson  Davis 
and  other  loaders  of  the  South  have  made  an  army,  They  are  making, 
it  ai)pears,  a  navy  ;  and  they  have  niade  what  is  more  tJian  either — they 
have  made  a  nation.  [Loud  cheers.]  *  *  *  Wo  may  anticipate 
with  certainty  the  success  of  the  Southern  States  so  far  as  regards  their 
separation  ii'om  the  North.  [Hoar!  Hoar!]  I  cannot  but  believe  that 
that  event  is  as  certain  as  any  event  yet  future  and  contingent  can 

be."    [Hoar!  Hear!] 
[90]         *Jn  a  debate  in  the  House  of  Lordson  the  atli  of  Fobruarv, 
186;$,  Lord  Russell  said  :- 

"There  is  one  thing,  howover,  which  1  think  may  bo  the  result  of  the 
struggle,  and  which,  to  my  mind,  would  be  a  groat  calamity.  That  is 
the  subjugation  of  the  South  by  the  North.  If  it  wore  iiossible  that 
the  Union  could  lie  reformed  ;  if  the  old  toolings  of  atfectiou  and  at- 
tachment toward  it  could  bo  revived  in  the  South,  1,  for  one,  would  bo 
glad  to  see  the  Union  restored.  If,  on  the  other  liand,  the  North  wore 
to  feel  that  sojiaration  was  linally  <l(M,'ieod  l)y  the  events  of  the  war,  I 
should  be  glad  to  see  peace  established  ujion  those  terms.  But  there 
may  bo,  I  say,  one  end  of  the  war  that  would  iirovi^,  a  calamity  to  the 
United  States  and  to  the  world,  and  especially  calamitous  to  the  negro 
lace  in  those  countries,  and  that  would  be  the  subjugation  of  the  South 
by  the  North." 

In  a  spirited  debat<>  in  the  House  of  Commons  on  the  27th  of  March, 

1803,  Mr.  Laird,  tlui  builder  of  the  Alabama,  and  of  the  rams  which 
were  afterward  seized,  arose  and  attem|)tod  to  justify  his  course  in  a 
speech  which  was  received  with  prolonged  choering  and  satisfaction  by 

a  large  portion  of  the  House.  Among  other  things  which  he  then 
[91]  said,  and  which  were  received  as  *expressivo  of  the  views  and 
sentiments  of  those  who  cheered  him,  was  the  following  :■■ 

"I  will  allude  to  a  remark  which  was  made  elsewhere  last:  night — a 
remark,  I  presume,  applying  to  me,  or  to  somebody  else,  which  was 
utterly  uncalled  lor.  [Hear!]  I  have  only  to  say  that  I  would  rather 
be  handed  down  to  posterity  as  the  builder  of  a  dozen  Alabamas  than  as 
the  man  who  applies  himself  deliberately  to  sot  class  against  class  [loud 
cheers]  and  to  cry  up  the  institutions  of  another  country,  wliicli,  when 
they  come  to  be  tested,  are  of  no  value  whate\or,  and  which  reduced 
liberty  to  an  utter  absurdity."    [Cheers.] 

Two  years  later,  on  the  13tli  day  of  March,  1805,  the  course  of  this 
member  of  the  British  House  of  Commons,  and  this  extraordinary  scene, 
wore  thus  noticed  by  Mr.  Bright :  * 

"  Tlieu  I  come  to  the  last  thing  I  shall  mention — to  the  question  of 
the  ships  which  have  been  preying  upon  the  commerce  of  the  United 
States.  1  shall  contine  myself  to  that  one  vessel,  the  Alabama.  She 
was  built  in  this  country;  .all  her  munitions  of  war  were  from  tiiis 
cx)untry ;  almost  every  man  on  board  her  was  a  subject  of  Iler  Majesty. 


r^i 


,u 


■ft! 


% 


1 


i; 
1  / 


'  London  Times,  October  9,  18o2. 
3  London  Times,  Marcli  28,  1803. 


« Vol.  IV,  rago  r)35. 
*  Vol.  V,  page  G41. 


M! 


42 


UNFRIENDLINESS    OF   GREAT    BRITAIN. 


I! 
f 


She  Hailed  fi'oin  one  of  our  eliiet'  ])i)vts.    She  is  reported  to  have 
been  built  by  a  *IUni  in  whom  a  member  of  this  House  was,  and,      (l)2j 
I  presume  is,  interested.    Now,  sir,  I  do  not  eomplain.    J  liuow 
that  onee,  when  I  referred  to  tiiis  question  two  years  ajjfo,  when  my  hon- 
orable friend,  tlie  member  lor  L'.radford,  brought  it  foi'wanl  in  this  J  louse, 
the  honorable  nu-mber  for  IJirkenhead  |Mr.  Lairilj  was  excessively  an^ry. 
1  did  not  complain  tliat  the  nu^mber  for  liirkeniiead  liad  stru<'k  up  a 
friendship  with  Captain  Semmes,  who  may  be  described  as  unother  sailor 
once  was  of  Shuilar  pursuits,  as  bein^'  'the  mildest  mannered  man  that 
ever  scuttled  shij).'    Therefore  I  do  not  complain  of  a  man  wiio  has  an 
acquaintance  with  that  notorious  ])erson,  and  1  do  not  ('onq)lain,  and  did 
not  then,  tliat  the  member  for  liirkeniiead  looks  admirini^ly  upon  tlie 
greatest  exanqde  whieli  men  liave  ever  seen  of  tlie  .greatest  crime  which 
men  have  ever  committed.    1  do  not  eomplain  eve     that  he  should 
ai)plaud  that  which  is  Jounded  upon  a  jLfigantic-  tialiic  in  hvin,u'11esh  and 
blood,  wliich  no  sul)ject  of  this  realm  can  enter  into  without  being'  deemed 
a  felon  in  tlie  eyes  of  out'  law  and  i)unished  as  such.    Jiut  wliat  1  do 
complain  of  is  this:   that  the  honorable  gentleman,  the  member  for 
Birkenliead,  a  magistrate!  of  a  county,  a  dei)uty  lieutenant — whatever 
that  may  be — a  representative  of  a  coiistitueiujy,  and  having  a 
seat  in  this  ancient  and  honorable  assembly — that  *he  should,  as      [93J 
I  believe  he  did,  if  concerned  in  the  building  of  this  ship,  break 
the  law  of  his  country,  driving  us  into  an  iiifia(!tion  of  International 
Law,  and  treating  with  undeserved  disrespect  the  rroclamatioii  of  Neu- 
trality of  the  Queen.    1  have  another  complaint  to  make,  and  in  allusion 
to  that  honorable  member.    It  is  witliin  your  recollection  that  when  on 
the  former  oc«.'asion  he  made  that  speecli  and  defended  his  course,  he 
declared  that  he  would  rather  be  tlio  builder  of  a  dozen  Alabamas  than 
do  something  which  nobody  hail  tloiie.    That  language  was  received 
with  repeated  cheering  from  the  opposition  side  of  the  House.     Well, 
sir,  I  undertake  to  say  that  that  .was  at  least  a  very  unfortunate  cir- 
cuuistauce,  and  I  beg  to  tell  the  honorable  gentleman  that  at  tlie  end  of 
the  last  session,  when  the  great  debate  took  i)lace  on  the  question  of 
Denmark,  there  were  many  men  on  this  side  of  the  House  who  had  no 
objection  whatever  to  see  the  ])resent  (.Jovernment  turned  out  of  olli(!e, 
for  they  had  many  grounds  of  eomi)laint  against  them ;  but  they  felt  it 
impossible  that  they  should  take  the  responsibility  of  bringing  into  oliice 
the  right  honorable  member  for  Ijuckinghamshire  or  the  party  who  could 
utter  such  cheers  on  such  a  subject  as  that." 

On  the  27tli  of  jMarcli,  tS(i;j,  in  a  debate  in  the  *nouse  of  Com-     [di] 
n'ons  on  the  lifting  out  of  these  piratical  cruisers,  Lord  I'almer- 
ston  said :  ^ 

"There  is  no  concealing  the  fact,  and  there  is  no  use  in  disguising  it, 
that  whenever  any  political  party,  whether  in  or  out  of  ollice,  in  the 
United  States,  finds  itself  in  difliculties,  it  raises  a  cry  against  England 
as  a  means  of  creating  what,  in  American  language,  is  called  'political 
capital.'  That  is  a  jn'actice,  of  course,  which  we  must  deplore.  As  long 
as  it  is  conlined  to  their  internal  affairs  we  can  only  hoj)e  that,  being 
rather  a  dangerous  game,  it  will  not  be  carried  further  than  is  intended. 
When  a  government  or  a  large  party  excite  the  passions  of  one  nation 
against  another,  especially  if  there  is  no  Just  cause,  it  is  manifest  that 
such  a  course  has  a  great  tendency  to  endanger  friendly  relations  between 
the  two  countries.  Wc  understand,  however,  the  ol))ect  of  these  pro- 
ceedings in  the  present  instance,  and  therefore  we  do  not  feel  that  irri- 


'  Vol.  IV,  page  rm. 


^IV-'^^'t 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


48 


m 


[U\ 


tatioii  wlii«!li  might  otherwise  bo  excited.  But  if  tliis  cry  is  raised  for 
the  purpose  of  drivinj^  Her  Majesty's  Governineiit  to  do  soujotliing  wliich 
may  be  contrary  to  the  hiws  of  the  country,  or  which  may  be  dero};atory 
to  the  dignity  of  tlie  country,  in  the  way  of  altering  our  laws  for 
[',»5]  the  purpose  of  i)leasing  another  gov*ernnu^nt,  then  all  1  can  say 
is  that  such  a  course  is  not  likely  to  accomplish  its  purpose." 

On  the  .'3()th  of  ,Iune,  1803,   Mr.  (Hadstone,  in  the  course  of  a  long 
s])oech,  said:' 

"  ^Vhy,  sir,  we  must  desire  the  (;es.sation  of  this  war.  No  man  is  ju,5- 
titied  in  wishing  for  the  continuance  of  a  war  unless  that  war  hasa  just. 
an  adequate,  and  an  attainable  object,  for  no  object  is  adequate,  no  object 
is. just,  unless  it  also  be  attainable.  We  do  not  believe  that  the  restora- 
tion oi"  the  American  Union  by  force  is  attainable.  I  believe  that  the 
public  opinion  of  this  country  is  unanimous  upon  that  subject.  [No!] 
Well,  almost  unanimous.  1  may  be  right  or  I  may  be  wrong — 1  do  not 
pretend  to  interpret  exactly  the  jeublicj  opinion  of  the  country.  I  ex- 
])ressin  regaid  to  it  oidy  my  private  sentiments,  lint  1  will  go  one  step 
further,  and  say  1  believe  the  iniblic  opinion  of  this  country  bears 
very  strongly  on  another  matter  ui)on  Avhi(;h  we  have  heard  much, 
nai.ioly,  whether  the  emancipation  oi  tiie  negro  race  is  an  object  that 
can  be  legitimately  pursued  by  means  of  coercion  and  bloodshed.  J.  do 
not  believe  that  a  more  fatal  error  was  ever  committed  than  when  men — 
of  high  intelligence  1  grant,  and  of  the  sincerity  of  whose  philanthropy 
1,  for  one,  shall  not  venture  to  whisper  the  snudlest  doubt — 
|t>(5J  *came  to  the  conclusion  that  the  emancipation  of  the  negro  race 
was  to  bo  sought,  although  they  could  oidy  travel  to  it  by  a  sea 
of  blood.  I  do  not  think  there  is  any  real  or  serious  ground  for  doubt 
as  to  the  issue  of  this  contest." 

In  the  same  debate.  Lord  Palmerston,  with  an  unusui^i  absence  of 
caution,  lifted  the  veil  that  concealed  his  feelings,  and  said:- 

"Now,  it  seems  to  me  that  that  which  is  running  in  the  head  of  the 
honorable  gentleman,  [Mr.  Bright,]  and  which  guides  and  directs  the 
whole  of  his  reasoning,  is  the  feeling,  although  perhaps  disguised  to 
liimself,  that  the  Union  is  still  in  legal  existence;  that  there  are  not  in 
America  two  belligerent  parties,  but  a  legitimate  government  and  a  re- 
bellion against  that  government.  Now,  that  places  the  two  parties  iu 
a,  very  dilferent  position  from  that  in  which  it  is  our  duty  to  consider 
them'." 

As  late  as  the  9th  of  June,  1804,  Earl  Kussell  said-'  in  the  House  of 
Lords : 

"  It  is  dreadful  to  think  that  hundreds  of  thousands  of  men  are  being 
slaughtered  for  the  ])urpose  of  preventing  the  Southern  States  from  act- 
ing on  those  very  principles  of  independence  which  in  1770  were  asserted 
by  the  whole  of  America  against  this  country.  Only  a  few  years 
[117]  ago  the  *  Americans  were  in  the  h.abit,  on  the  4th  of  July,  of  cel- 
ebrating the  i)ronuilgation  of  the  Declaration  of  Iude])endence, 
and  some  eminent  friends  of  mine  never  failed  to  make  eloquent  and 
stirring  orations  on  those  occasions.  1  wish,  whiiO  they  keep  up  a  use- 
less ceremony — for  the  present  generation  of  Englishmen  are  not  respon- 
sible for  the  War  of  In<Iependence — that  they  had  inculcated  ui)ou  their 
own  minds  that  they  should  not  go  to  W'ar  with  four  millions,  live  mil- 
lions, or  six  millions  of  their  fellow-countrymen  who  want  to  put  the 
principles  of  1770  into  operation  as  regards  themselves." 

The  United  States  have  thus  presented  for  the  consideration  of  the 


'  Vol.  V,  pnyo  GG6. 


■!  Vol.  V,  page  C95. 


•'  Vol.  V,  ptiKo  507. 


44 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


X 


Tribunal  of  Arbitration  tlie  iniblicly  expro8scd  sontiinonts  of  the  load- 
inj?  nu'Uibers  of  the  British  Cabinet  of  tliat  day.  Lord  Pahncrston  was 
the  rc('oj>ni/-ed  liead  of  the  (iovernnient.  Earl  Kussell,  who,  at  the 
connnenceuient  of  the  insurrection,  sat  in  the  House  of  Couinions  as 
Lord  John  llussell,  was  during  the  whole  time  ller  Majesty's  Prineipal 
Secretary  of  (State  for  Foreign  Affairs,  sitecially  charged  with  the  ex- 
pression of  the  views  and  feelings  of  Her  Majesty's  ()overnn)ent  on 
these  questions.  Both  were  among  the  oldest  and  most  tried  statesmen 
of  Europe.  Mr.  Gladstone,  the  present  distinguished  chief  of  the 
Government,  was  then  the  *Chancellor  of  the  Exchequer ;  and  [98] 
Lord  Campbell,  well  known  in  both  hemispheres  as  n  lawyer  and 
us  a  lover  of  letters,  sat  upon  the  woolsack  when  the  contest  began. 
Lord  AVestbury,  who  succeeded  him  in  June,  1801,  was  the  chief  coun- 
selor of  the  i)olicy  pursued  by  the  British  Goverment.  The.'^e  gentleuuMi 
were  entitled  to  speak  the  voice  of  the  governing  classes  of  tlie  Euipiiv  ; 
and  the  United  States  have  been  Ibrced  with  sincere  regret  to  the  con- 
viction that  they  did '  express  the  opinions  and  wishes  of  much  of  the 
cultivated  intellect  of  Great  Britain. 

The  United  States  would  do  great  injustice,  however,  to  the  senti- 
ments of  their  own  people  did  they  fail  to  add,  that  some  of  the  most 
eloqiient  voices  in  Parliament  were  raised  in  behalf  of  the  principles  of 
freedom  which  they  repi'esen ted  in  the  contest;  and  that  members  of 
the  governing  classes  most  elevated  in  rank  and  distinguished  in  intel- 
lect, and  a  largo  part  of  the  industrial  classes,  were  understood  to  sym- 
pathize with  tliem.  They  cainiot,  however,  shut  their  eyes  to  the  fact, 
and  they  must  ask  the  Tribunal  of  Arbitration  to  take  note,  that,  with 
the  few  exceptions  referi'ed  to,  the  leading  statesmen  of  that  country,  and 
nearly  the  whole  periodical  press  and  other  channels  through  Avhicli  the 
British  cultivated  intellect  is  accustomed  to  iniluence  public 
aliairs,  *sustained  the  course  of  the  existing  Government  in  the  [fll)J 
unfriendly  acts  and  omissions  which  resulted  so  disastrously  to 
the  United  States.  The  United  States  complain  before  this  Tribunal 
only  of  the  acts  and  omissions  of  the  British  Government.  They  refer 
to  the  exi)ressious  and  statements  from  uuofiicial  sources  as  evidence  of 
a  state  of  public  opinion,  which  would  naturally  encourage  the  members 
of  that  Government  iu  the  policy  and  acts  of  which  the  United  States 
complain. 

It  is  not  worth  while  to  take  up  the  time  of  the  Tribunal  of  Arbitra- 
tion, by  an  inquiry  into  the  reasons  for  this  early  and  long-continued 
uufriendliness  of  the  British  Government,  toward  a  goverment  which 
was  sui)i)osed  to  be  in  sympathy  with  its  political  and  moral  ideas,  and 
toward  a  kindred  people  with  whom  it  had  long  maintained  the  attitude 
of  friendship.  Tljey  may  have  been  partly  political,  as  expressed  iu 
Parliament  by  an  impetuous  member,  who  spoke  of  the  bursting  of  the 
bubble  republic,^  (for  which  he  received  a  merited  rebuke  from  Lord 
John  Russell)'^;  or  they  may  have  been  those  declared  without  rebuke 
at  a  later  date  in  the  House  of  Commons  by  the  present  jVIarquis  of 
Salisbui-y,  then  Lord  Ilobert  Cecil,  when  he  said^  that  "  they  [the 
people  of  the  South*ern  States]  were  the  natural  allies  of  this  [100] 
country,  as  great  producers  of  the  articles  we  needed  aiul  great 
consumers  of  the  articles  we  supplied.  The  North,  on  the  other  hand, 
kept  an  opposition-shop  in  the  same  departments  of  trade  as  ourselves;" 
or  they  may  have  been  those  announced  by  Earl  Russell  last  year,  Avhen 

'  Hausard,  3d  series,  Vol.  1C3,  iiago  134. 

^  Same,  page  276.  ^  vol.  V,  page  C71. 


end,  i 


UNFRIENDLINESS   OF    GREAT    BRITAIN. 


4ri 


[98] 


m 


saying,'  "It  was  tho  jfvont  object  of  tlio  British  GovcniintMit  to  i)U'S(nvo 
for  the  .subject  the  securit.>'»ot'  trial  by  Jury,  and  for  tiie  nation  the  legi- 
timate and  lucrative  trade  of  shi])bnilding." 

Without  pursuing  an  inquiry  in  this  direction,  which,  at  the  best,  would 
be  prolitless,  the  United  States  invito  the  careful  fittention 
of  the  Arbitrators  to  tho  facts  which  appear  in  the  previous 
pages  of  this  Case.  In  appoaching  the  consideration  of  the  third  branch 
of  the  subjects  herein  discussed,  in  which  the  United  States  will  en- 
deavor to  show  that  Great  IJritain  failed  in  her  duties  toward  the  United 
States — as  those  duties  will  be  delined  in  the  second  branch  thereof — the 
Tribunal  of  Arbitration  will  find  in  these  facts  circumstances  which 
could  not  but  influence  the  minds  of  the  members  of  Her  Majesty's  Gov- 
ernment, and  induce  them  to  look  with  disfavor  upon  etlbrts  to 
[101]  repress  the  attenipfs  of  Dritish  subjects,  and  of  *ot]ier  persona, 
to  violate  the  neutrality  of  JJritish  soil  and  waters  in  favor  of 
the  rebels. 

Some  of  the  members  of  the  British  Government  of  that  day  seem  to 
have  antici])ated  the  con(!lnsion  which  must  inevitably  be  drawn  from 
their  acts,  should  the  injuries  and  wrcmgs  which  the  United  States  have 
suiiered  ever  be  brought  to  the  adjudication  of  an  impartial  tribunal. 

Lord  "NVestbury  (ap])ointed  Lord  High  Chancellor  on  the  death  of 
Lord  Campbell,  in  .June,  l.S(Jl)  declared,  in  the  House  of  Lords,  in  1808, 
that  '■'■  the  auiinits  icitli  ivliirh  the  neutml  Poinrti  acted  was  the  only  true 
crilerion.  The  neutral  I'ower  might  be  mistaken  ;  it  might  omit  to  do 
something  which  ouglit  to  be  done,  or  direct  something  to  be  done  which 
ought  not  to  be  done;  but  the  <iuestion  was  whether,  from  beginning  to 
end,  it  had  acted  with  sincerity  and  with  a  real  d(»sire  to  promote  and 
preserve  a  si)irit  of  neutrality.  *  *  *  He  [^^iv.  Seward]  said,  in 
effect,  '  Whether  you  were  a  sincere  and  loyal  neutral  was  the  question 
in  dispute,  and  that  must  ))e  judged  from  a  view  of  the  whole  of  your 
conduct.  1  do  not  mean  to  put  it  merely  upon  the  particular  transac- 
tion relative  to  the  Alabama.  I  insist  upon  it  in  that  case  undoubteilly ; 
but  I  contend  that,  from  beginning  to  end,  you  had  an  undue 
[102]  preference  and  predilection  for  the  Confederate  States;  *thatyou 
were  therefore  not  loyal  in  your  neutrality ;  and  I  appeal  to  the 
precipitancy  with  which  you  issued  your  Proclamation,  thereby  involv- 
ing a  recognition  of  the  Coniederate  States  as  a  belligerent  power,  as  a 
proof  of  your  insincerity  and  want  of  imi)artial  attention.'  And  now, 
could  we  prevent  him  from  using  that  document  for  such  a  purpose^ ? 
How  unreasonai)le  it  was  to  say,  when  you  go  into  arbitration,  you  shall 
1.  »t  use  a  particular  document,  even  as  an  argument  upon  the  question 
whether  there  was  sincere  neutrality  or  uot.'"^ 

Such  is  the  use  which  tiio  United  States  ask  this  Tribunal  to  make  of 
the  foregoing  evidence  of  the  unfriendliness  imd  insincere  neutrality  of 
the  British  Cabinet  of  that  day.  When  the  leading  members  of  that 
Cabinet  are  thus  found  counseling  in  advance  with  France  to  secure  a 
joint  action  of  the  two  governments,  and  assenting  to  the  declaration 
of  a  state  of  war  between  the  United  States  and  the  insurgents, 
before  they  could  possibly  have  received  intelligence  of  the  pur- 
poses of  the  Government  of  the  United  States ;  when  it  is  seen  that 
the  British  Secretary  of  State  for  Foreign  Affairs  advises  the 
[103]  representativer,  of  the  insurgents  as  to  the  course  to  be  *pursued 
to  obtaiu  the  recognition  of  their  independence,  and  at  the  same 

'  Earl  KubscH'h  Speeches  and  Dispatches,  Vol.  II,  pa^o  '2G6. 

'  Ilansaid's  Parliamentary  Debates,  3d  series,  Vol.  CXCI,  pages  347, 348. 


i 


i: 


46 


UNFlllKNDLINESH   OP    GREAT   BKITAIN. 


time  refuses  to  iiwalt  the  ;n  rival  of  tlie  tnistod  ropresentaMvc^  «)f  the 
United  States  before  deeidiny  to  recognize  \\h:.u  m;  bt^lUfjereiits;  when 
he  is  found  opening-  negotiations  through  ller  Majesty's  dipU)inatit' 
representative  at  Wasliington  with  i)ersonH  in  rebolUon  against  tlie 
United  States;  when  various.niembers  of  the  IJritisli  Cabinet  are  seen 
to  coninient  upon  the  etl'orts  of  the  Government  of  the  United  Stat<!s 
to  suppn>ss  the  rebeUion  in  terms  that  indicate  a  strong  desire  tliat 
those  efforts  shouhl  not  succeed,  it  is  not  unreasonaWe  to  suppose  that, 
when  called  upon  to  do  acts  which  might  bring  about  results  in  conflict 
with  their  wishes  and  convictions,  they  Avould  hesitate,  discuss,  delay, 
and  refrain — in  fact,  that  they  would  <lo  exactly  what  in  the  subsequent 
pages  of  this  i)aper  it  will  appear  that  they  did  do. 


1I  -?ll 


[1051 


*PART  111. 


Tin-:  DUTllCS  WIIICFT  (VREAT  liUITAIN,  AS  A  NEITRTAI., 
SHOULD  IIAVI':  OBSEllVIOl)  TOWAIM)  TIJE  UNITED 
STATJ'^S. 


Mi 


The  80(1011(1  bviiiK'li  of  tin;  Hubjcct,  in  fho  ordor  in  wiiidi  tho  TJiiitod 
States  (Icsiic  to  i)rc'.s(Mit  it  to  the  Tiil)iuial  ol"  Arbitiatioii,     ,         ,  , 
Involves  the  considonition  of  tlie  duties  whicli  (ireat  Jirit-  hmuunnT'n.nn,'. 
ain,  as  a  neutral,  should  have  observed  toward  the  United  Sr'lh.'' im'''' 
States  duriu};-  tlie  eontest.    However  ineoiisideiately  and 
preeipitately  issued,  tln^.  Proclamation  of  Neutrality  recofjnized  the  ob 
ligation,  under  the  law  of  nations,  to  undertake  the  perforuianee  of 
those  duties,  and  it  be(;omes  important  to  have  a,  correct  understandiii.n' 
of  their  character. 

In  att;(unptinjL«'  to  deline  these  duties,  it  is  natural,  lirst,  to  endeavor 
to  ascertain  whether  (Jreat  Britain  itself  has,  by  h^jfislative  ,ir„„t  nnto.ii  h... 
or  oflicial  acts,  recognized  any  such  obli{;ations;  and  next  i;^Zrt'^v>i!^!l 
to  iiupiire  whether  tlie  canons  of  international  law,  as  ex-  "'*"• 
pounded  by  jiublicists  of  authority,  deniand  of  a  neutral,  the  observance 
of  any  other  or  broader  rules  than  have  been  so  recognized.  The 
United  States  will  pursue  the  examination  in  this  order. 

They  lind,  lirst,  an  evid(Mice  of  (Jreat  Britain's  conception  of  its 
[10(51    duties  as  a  neutral  in  the  Foreign  *Enlistment  Act 

which  was  enacted  in  IHIO,  and  was  in  lorco  during  lorcinn  Knu^m,.,,, 
the  whole  of  the  Southern  rebellion. 

It  must  be  borne  in  mind,  when  considering  the  mnnicipal  laws  of 
Great  Jb'itain,  that,  whether  eflxujtive  or  delicient,  they  are 
but  machinery  to  enable  tho  Government  to  perfol'iu  tho  fiKnTtTiii'rsm' 
mternational  duties  which  they  recognize,  or  which  may  anr.!»ri,ncrniiin„ni 
be  incumbent  upon  it  from  its  position  in  tlu^  family  of 
nations.  The  obligation  of  a  neutral  state  to  i)revent  the  violation  of 
the  neutrality  of  its  soil  is  independent  of  all  interior  or  local  law.  The 
municipal  law  may  and  ought  to  recognize  that  obligation  ;  but  it  can 
neither  create  no  destroy  it,  for  it  is  an  obligation  resulting  directly 
from  International  Law,  Avhich  forbids  the  use  of  neutral  territory  for 
hostile  purpose.^ 

The  local  law,  indeed,  may  justly  bo  regarded  as  evidence,  as  far  as  it 
goes,  of  the  nation's  estimate  of  its  international  duties;  but  it  is  not 
to  bo  taken  as  tho  limit  of  those  obligations  in  the  eye  of  the  law  of 
nations. 

It  is  said  by  Lord  Tontorden,  the  distinguished  S(!cretary  of  the 
British  High  Commissioners,  in  his  memoraiKlum  attached 

.to  the  report-^  ot  Her  Majesty's  Coinmissiouers  upon  Eni,=tment  An  „, 
[1071    ^^'^  neutrality  law,'^  *that  the  neutrality  law  of  the 

United  States  formed  the  Ibundaiion  of  the  neutrality  of  England.'' 
"The  act  lor  tho  amendnnMit  of  the  iieutralty  laws,"  he  says,  "was 


'  Ortolan,  Diplomatic  do  la  nior,  vol.  2.  imgo  "ilo. 

"■  Vol.  IV,  page  79. 

'Vol.  IV,  page  y:5,  Appeudis  No.  3,  liv  Mr,  Abbott,  now  Lord  Tcntcrdou. 

*  Vol.!  V,  page  l!i4. 


m; 


48 


DUTIEH    OF    A    NKUTRAL. 


t 


introduced  by  l\Ir.  ('iiiiiihij;  on  (lie  lOtli  of  .Iniic,  IHIO,  in  an  <>lo(|uont 
speech,  in  tlic  comse  orwliii-h  lie  said,  'It  Hni'cly  could  not,  be  forgotten 
llial  in  17!>;{  (his  country  complained  of  various  liii'aches  of  neutrality 
(Ihoiijih  much  inferior  in  dej-ree  to  those  now  undci'  eoiisideralion) 
«'(unnii(ted  on  the  part  of  subjects  of  the  United  Wtalcs  of  Anierica. 
What  was  the  conduct  of  that  nation  in  conse(|ueiU'«?  Did  it  resent 
the  <!onjplaint  as  an  inl'iiuKoment  of  its  independence  ?  I>i(l  it  refuse 
to  take  such  steps  as  would  insure  the  iiniucdiate  observance  of  neutral 
ity  ?  Neither.  In  17!)l,  iiuniediatcly  alt«'r  tlu^  application  Iroui  the 
British  (lovernnient,  the  lie;;islatni'e  of  the  United  Slates  ])assed  an 
act  prohil)itinjL'',  under  heavy  penalties,  tlui  enj^aycnicnt  of  Anunican 
citiz(>ns  in  the  armies  of  any  liellif^erent  I'owcr.  Was  that  the  only 
instance  of  the  kind  J  It  was  but  last  year  that  tlu^  United  States 
])assed  an  act  by  which  the  a(!t  of  171>4  was  conlirnuiil  in  every  respect, 
afiaiii  prohibitinj;'  the  en;xa;nement  of  their  citizens  in  the  service  of  any 
foreifi'ii  I'ower,  and  pointin;^' distinctly  to  the  service  of  Spain  or 
the  South  Ameiican  I'rovinctes."'  It  ap|)ears  from  tlw  *whol(i  [10.S| 
tenor  of  tln^  debate  which  preceded  the  passaf^'c  of  the  act  that 
its  sole  pur[)ose  was  U>  cinihlc  the  I'liccKdrc  to  pvrj'orm  with  Jideliti/  the 
ditiicfi  toward  neiitralx  which  were  rccoyuized  oh  imponed  upon  the  Oovern- 
vumt  I}}/  the  Law  of  Nations. 

The  United  States  assume  tliat  it  will  be  conceded  that  (In^at  Britain 
ornat  nriiuin  ^vas  bouud  to  jx'rform  all  the  duties  of  a  neutral  toward  the 
tnifermiS  United  Stales  which  are  indicated  in  this  statute.     If  this 
I.)  iimuitt.  oblifiution  should  be  denied,  the  United  States  ho}i  t()  n-for 

the  Tribunal  of  Arl)itration  ' .,  the  declaration  of  Earl  h'ussell  in  his 
communication  to  JMr.  Adains  of  Auj^ust .'{(»,  IMIJ"),  where  he  '  "  lays  down 
with  coutidenco  the  ibllowiny;  pro])()sition  :"  ''That  the  Foreign  Enlist 
ment  Act  is  inten<led  in  aid  of  the  duties  *  *  of  a  neutral  nation."'' 
Tliey  also  refer  to  Lord  I'abuerston's  speecli  in  the  House  of  Commons, 
.July  li3,  18(»;{,'' in  which  be,  says:  "The  American  (lovernnient  have  a 
distinct  right  to  expect  that  a  neutral  will  enforce  its  municipal  hiw,  if 
it  be  in  their  I'avor." 

Indeed,  Great  Ibitain  is  fully  committed  to  this  ]tiincii)le  in  its  deal- 
inj;s  with  other  Powers.  Thus,  durinj^  the  (-rimean  war,  Jler  Majesty's 
Government,  feelinji"  agjirieved  at  tlu!  acts  of  the  rrussian  Governnu'nt 
in  tolerating'  the  I'uiiiishing'  of  arms  and  other  contraband  of 
var  to  Kussia,  were  *advised  by  the  Law  Oflicers  of  the  Urown  [1091 
that  they  might  justly  remonstrate  against  violations  of  I'russian 
law.° 

After  these  declarations  by  British  authorities,  it  will  scarcely  be 
contended  that  the  United  States  had  uot  the  right  to  expect,  und  to 
demand  of  Great  Britain  the  performance  of  the  measure  of  duty  re- 
cognized by  existing  municipal  laws,  however  inadc(iuato  those  laws 
might  be  as  an  expression  of  international  obligations. 

The  British  Foreign  ICnlistmcnt  Act  of  1819  consisted  of  twelve  sec- 
tions, written  iu  the  verbiage  which  the  customs  of  Eng- 

i,y  Kor.-i8n""^r!r.»'t.  huul  malic  nccessarv  in  the  laws  providing  ibr  the  punish- 
ment Act  of  181U.  ,       ,.         .  fr\i  J.-  liii-  T.'Vi.         1 

ment  ot  crimes.  These  sections  relate  to  lour  distinct  sub- 
jects. First,  they  repeal  all  former  statutes  ;  secondly,  they  <letine  the 
acts  which  the  British  legislators  regarded  as  acts  wliicli  a  neutral  ought 
not  to  permit  to  be  done  within  its  Jurisdiction  ;  thirdly,  they  provide 
modes  for  prosecuting  persons  found  guilty  of  committing  the  acts 

'  Vol.  IV,  pttges  12.1, 124.        '"  2 Vol.  Ill,  pa^e  549. 

3  Vol.  Ill,  i»a;;o  .''jSO.  •»  Vol.  V,  page  095. 

'  Earl  Grauvillo  to  Count  BornBtorir,  Soptembor  15,  1870. 


flioj 


[112]    I 

for  su(.' 
license 
4.  Tl 
ing  to 
guns,  o 
tune  of 
in  tlu;  f 
being 

'Vol7 
=  It  ruij 

tion  an  . 

Law  of 


DUTIE8    OP   A    NFUriRAL. 


40 


i 


wlii«'Ii  live  pioliiliitcd  l>y  tlu'  stiitntc,  iiiid  tlicy  itidiciilc  the  imiiisliinciilM 
wliicli  iiiiiy  lie  inlljctcd  ii|)()ii  tliciii  \vli<*ii  convictiMl ;  rmntlil.N,  tlit-y 
t'xcuiitt  cfitaiii  pints  of  tluj  Kiiii)ii(^  Iroiii  llic  ojii-ratioii  ol  tlic  .stat- 
ute' 
[1 10]  •Thin  Ti  ilmiial  iircd  take  no  notice  of  the  penal  portions  ot'tlm 
statute,  wliieli  all'eet  oiilyllie  relations  between  llie  State  and 
those  who  o\v(^  alle;,Manee  to  its  laws  by  reason  of  resid«'nee  within  its 
territory.  The,  United  States  will  therefore  eouline  themselves  to  at- 
teniptiu;;' to  deduce  from  th(^  statute  the  detinitions  of  the  principles, 
and  the  duties,  which  are  there  reeonnized  as  obli^atcuy  on  tiie  nation 
in  its  relations  with  other  i'owers.  TJu^  adjudicated  <'ases  often  disre- 
;jard  the  distinction  between  tlu^  duties  of  a  neutral,  however  delined, 
and  the  proceeding's  in  its  courts  aj,'ainst  persons  charjicd  as  criaiinals 
for  alle;^(Ml  violations  of  its  laws  for  the  preservation  of  neutrality.  JOncu 
some  of  the  best  i»ublicists,  in  ret'errinj,'  to  this  class  of  d«'cisions,  have 
not  always  renn'mbered  that,  while  in  the  former  we  have  oidy  to  <lo 
with  princii)les  of  ])ubli(!  law,  in  the  latter  we  aredealinj;'  with  the  evi- 
(leiH'e  necessary  for  the  <'onviction  of  an  olleiider.  JSeariiif^  this  dis- 
tinction in  mind,  the  Tribunal  of  Arbitrati(»ii  may  bo  able  to  recoiicilo 
many  apparently  conliietint'-  authorities,  and  arrive  at  Just  conclusions. 
The  nets  which,  if  committed  within  the  tenitoiy  of  the  neutral,  arc 
to  btM'<'fiarded  as  violations  of  its  internati(»nal  duties,  iireenunwiated  in 
the  second,  tilth,  sixth,  seventh,  and  ei;;htli  sect  ions  of  the  statute. 
[Ill]  *Transliitinj;'  this  statutoiy  lan^^nayc  into  the  exitressions  com- 
nH)nly  em])loyed  by  publicists  and  writers  on  liMernational  Law, 
this  statute  recognizes  the  followinfr  as  a«'tswiiich  ought  to  be  jui'vent- 
od  within  neidral  tenitcuy  durin<>  time  of  war. 

1.  The  reernitnu'Ut  of  subjects  or  citi/ens  of  the  neutral,  to  he  em- 
ployed in  the  military  or  naval  scrvict-  of  a  foreign  (iov»'rnn\ent  or  of 
l)ersons  assunnng  to  exei'cist'.  the  jtowers  of  gov<'rnnu'nt  ov\^r  any  ]iart 
of  Ibreign  territory;  or  the  acceptance  of  a  comndssioii.  warrant,  or 
apiKiintment  for  such  service  by  such  ]»ers()ns;  or  the  enlisting  or  agiee- 
ing  to  enlist  in  such  service;  the  act  in  each  ease  being  doiu'  without 
the  leave  or  license  of  the  Sovereign. 

2.  The  leceiving  on  board  a  vessel,  lor  the  ]airp(vsc  of  transporting 
from  a  neutral  port,  persons  who  nniy  luvve  been  so^recruited  or  coni- 
iiiissioned;  or  the  transporting  such  iiersens  Irom  a  neutral  port.  Au- 
thority is  given  to  seize  the  vj'sscls  violating  these  i)rovisions. 

o.  The  eqnipi)ing,  furnishing,  lit  ting  out.  or  arming  a  vessel,  with 
intent  or  in  order  that  it  may  be  em])l()yed  in  the  seivie(3  of  such  for- 
eign (lovernment,  or  of  persons  assuming  to  xercise  the  jmwers  of  gov- 
ernment over  any  part  of  a  ioreign  e(»untry,  as  u  transport  or 
[112]  store-ship,  or  to  *crnise  or  cavvv  oJi  ^var  against  a  power  with 
which  the  neutralis  at  peace ;  or  the  delivering  a  (;onnnissiou 
for  such  vessel,  the  act  in  each  case  being-  done  without  the  leave  or 
license  of  tim  Sovereign. 

4.  The  augmenting  the  warlike  force  of  sueli  a  vessel  of  war  by  add- 
ing to  the  number  of  guns,  by  changing  those  on  board  for  o4her 
guns,  or  by  th6  addition  of  any  equipment  of  war,  if  such  vessel  at  thC' 
time  of  its  arrival  in  the  dominionN  of  the  neutral  was  a  vessel  of  war 
in  the  service  of  such  foreign  Government,  or  of  siudi  persons,  the  act 
being  done  without  the  leu\  e  or  liK'onse  of  the  Sovereign.'^ 

'  Vol.  iv,  page  86! 

^  It  may  interest  the  memhors  of  the  Trilmiial  of  Arbitration  to  src  in  tins  connec- 
tion an  abstract  of  tlio  acts  \vlii<h  rt^**.  made  jicnal  by  tlio  United  States  Nentrality 
Law  of  IHIH.    Tbo  law  itself  v.  ,11  b«.  lound  iu  Vol.  IV,  pages  90-92.    The  abstract  is 

S.  Ex.  31 4 


I 


■  M 


50 


)>UT1KS  OK  A  Mil)  .;:.*!.• 


if. 


*\h\\\u'^  lli(>   iiisiii  reel  ion,  :is  will   lu^  n<'(>ii    iu'iciiriri',  (liiM  net    [ll<'S| 


Wiis,    li\    IJK'    rtiiislnirlioii    o 


r  i!i<>    l';lu•,li.•^l 


I    cninls 


liu ml  .\i  I  »l  IMIH 


',:;  hIi  ippcd  of  ilN  cncclivd  powrr.  'Hie  Ihiilrd  Slides  icpcnl- 
nl!,\  iiiid  ill  \:iiii  iinilrd  Ihi-  iM:iir,s|\\s  <  ioNriiiiiit'iil  lo 
iiiiH'iiti  il.  Alllioii^li  tlii'sc  <':iI!m  provrd  idxti'livc  dtiiiii;;  llir  toiilr.st, 
w  illi  III*'  Noiilli,  (lie  :i;ipalliii|L;  iiiii;>iiitiid('  of  Ili«>  iii,i*i>,\  '^  lii*'li  had  lici'ii 
iiilliclcd  li.N  l'>rilisli  I  Midi  mid  Hi  il  isli  iiiiiiiiKMJ  niiiscis  iipmi  llirruiiiiiinrn 
and  iiidnsli'v  ul'  a  nation  uilli  wliicli  (Ileal  Krilain  was  al  ptacti 
appears  lo  lia\(>  awakened  lis  ,s(>ti.se,s,  and  lo  lia\  «*  inipelled  il.  lo  take 
.some  sleps  loward  a  elian-ve.  In  .laiiiiaiv,  IS<(7,  llie  (j>iieeii',s  ( 'oiiiiiiis- 
sioii  was  issued  lo  some  ol'  Hie  most  emineiil  of  iJie  r>i'ilisli  law\eisand 
Jiid;;es,  aiitltoi'i/iiiji;  llieiii  lo  inquire  into  an*l  eoiisider  llie  eliaiaetei', 
U()ritiiii',\  ami  elVeet  of  llie  laws  of  the  ikealni,  a\  aiiaMe  for  Hie 
"I'liioreemeiil  of  iieiil  lalil  N ,  dm  iii^  I  lie  «'\islenee  of  iiosi  ililies  lie      |  I  I  l| 


llil.rli  lliilii  l'l'i';<l< 


<ll'lll    (iiiilll's   I'll 


iliuiliiili  ut'  NimiIimIiI  N     ill    llin    l:ili'   l  raiii'iilii'i  man 


w  Mr,  <l.i 


ii'tl  Oiiiiiiir  s,  i,-;ii. 


II,\    llii'iirl   lia!>,s(il  nil    (iir  '.Ml(li   ila.\   nl'  A|ilil,   A.  I  >.   I^  I '^.  ciiliiliiiuilv    Kiiiiwii    hn    (Ihi 
Nrllll.'llll  V   I  .aw  ,'  I  lir  I'dlliiw  in;;  ai  hi  111  r  Id  liililrli    |i(    lir   ijiilii',  liliililMVilr  |Mliall  hm, 


wiiliin  llic  li'iiiliH'v  ami  Jiiriiilii'l  loi;  i 


'I'  llii>  riiitiil  SlalTM,  111  wil 


I.    .\i(t'|il  ill);  illiil  «'Sl'll■i^.illn  a.  ii>liil:li«'.iiill  Iu.sitmi    tillicr   ul    (lin    Haiti    lirlli^^rlcnls 
li_\   lain!  ui-  li\  tua  a;;aiii.'it  I  lie  nlicr  ImIIi;;(|i'|iI. 

"  ..'.    I'.lili  i|  llij;   «i|-  '•Mill  ili;^    illlii    I  lir   mix  ice    dt    rillliT    <>!'    Illi>   waid    lirlli'-rlrllls    an    il 
M>lilii'i',  III  aa  Ik  iiiai  iliK  or  itcaiiiaii  nil  Imalii  of  ali,v  sru^i'l    ol    uar,  Irllir  ol   iiiaii|iir,  or 


|ii  i\  ali'i'i'. 


It.   I  III  ill';  or  n  la  iiiin;.;' aiiotlii'i'   prr-oii  lo  oiili.-il  or  en 


Icr   II 


ill    I  lio  Mrr\  ill-  ol' 


oiiliirol   llii'.'^aiil  l>r  IIIl',1  ii'iil^  UN  II  Milila  r,  III  a.s  il  iiiai  iiic  oi    .siaiiiaii  on   lioanl  of  any 
\  i'smI  ol'  w  ar,  Irl  liT  ol   iiiaiiino,  or  |ii  i\  al   ii . 

II   lii'Miiiil    llio   liinil.s  or  ini  Lsilirl  ion  of  Mil'  I 'nilt'41 


II 


iiiiii;   aiiiilhrr    iii'Ihoii   lo 


Sl.'ilr.s  w  It  II  mil  III   III  lic>  cliii.slcd  iiM  iiloii'saiii. 

"  o.   I  In  in;;  allot  iirr  |ii'r.siin  lo  i^o  lii'\oiiil  I  lii'  liinil.s  of  I  lio    I  niliil   SlaliM  w  illi  llio 
(('III  lo  III'  ciili  Till  into  Hi'i  \  ill'  11.-^  aloir.saiii. 


'  t'l.    l;,! 


luinu:  allot  In 


r  |H  IMin  to  ;; 


lirMnnl  I  lio  liniilM  oi   llii-   t  iiilril  Slali'H  \\  il  h  ill- 


lent  to  III'  I'lili.'.tril  UN  aliiir.''<aiil 


■•(.  Iii'lainin;;  anotlirl'  ihTnoii  lo  |;o  lirvoinl  I  lir  rnnil.s  ol'llii'  fnitcil  Slates  willi 
iiilciil  lo  lio  inti'ird  inloMTviro  us  nt'oK.'.aiil.  (lint  llii'saiil  ail  i<  not  In  he  rnii- 
-.1 1  iiiil  to  lAliinl    lo  a  citi/i'ii   or   i-iil>iir|    of  ril  licr  liiili-jricnt  wiio,   liiiii;'  liaiiHiinily 


\\  It  hill  I  ill'  I  nili'il 


.shall,  on  lioaitl  ol' anv  vc^srl    of  w  ar,  w  hit  li.  al    Ihr    til 


II'  III" 


il.s  arrival  >■.  itliiii  till'  I'liitiil  Stalis,  was  lillrif  anil  ciiniiiiiid  as  snili  vc.'i.si'j  ol'  w  ar, 
I'lilisI,  or  ciilrr  liiiisi'li',  or  liin',  or  irt.iiii  in  ml  her  hiiIiJitI  or  I'it  i/.rii  of  I  lii>  (iaiiif  liillii;- 
I'lriit,  \\  lio  is  (raiihicnt  ly  within  tlir  I'liili'd  Mali's,  (o  ciili.sl,  or  riilor  liiinM'll'  to  ikivo 
Mii'li  III 'li;;('i('nl  on  Imai'il  .  nrli  M'.sstl  oi'  war,  il'  I  ho  I  nilcd  Maii'H  isliall  llicii  Ik.' at 
(uari    wilh.sllili  ln'lli;;rn'iil.) 

"  S.  fit  I  in;;  onl  and  urinin;;,  or  at  lriii|i|iin;  lo  lit  mil  and  a\in,  or  inoi'iirin;;  to  ho 
lilted  oiil  and  aimed,  or  Uiiow  iii!;ly  lii'ini;  eoiieenied  ill  lli(>  rnrnii-.liinij;,  lillin;;  oiil,  or 
ariiiiii;;  ol'  any  .ship  or  ve.s.sel,  wiili  iiilenl  that  .siieh  .sliiji  oi' vcs.sel  hliall  he  einiiloyeil  in 
the  .'Ml  \  lee  of  either  of  the  .s;iid  liellii;i'ri'llls. 

"'.'.  Is.siiim;'  or  lieiiviM  iiii;;  a.  iiinunis.'iioii  witiiiii  llie  (errilnry  or  Jiuisdiel  ion  of  (lio 
I'liiteil  JStates  Cor  any  .ship  or  ve.^M'l  lo  the  iiileiil  thai  nlie  may  he  employed  art  afore- 


said. 

Kn 

eruiser,  or  other    Hrined  ve,s.se 


III.  liuToa.sin;j;    or    an^;nieiiliii;;,   or  jiroeuriio'  to  lie  iiiereasid    or   .■in;;ineiite<l,  or 
;ly  lieiii;;  eoiieeuied  in  iiii  I  easiii;L;  or  an;;  men  I  in;;,  the  loiee  of  any  iiiiip  of  war, 


iitlier  armed  ve.s.sel,  w  hit  II  at  the  liiiie  of  tier  arrisal  wiiiiin  the  I'liiieii 
Stales  was  a  sliip  of  war,  einiser,  er  ;;rmed  vessel  in  ltii>  servitc  of  eiliu-r  of  the  f-aiil 
liellini'lt'iits,  or  I  It' loll;;!  in;  to  llie  .slilijeels  tir  eil  izens  of  eit  her,  hy  at  Mill;,'  lo  I  he  linm- 
liei  ol  f;nn.s  of  niieli  vessels,  or  hy  eliaii!;iii>;  those  on  hoard  of  her  tor  ;.;iins  of  ii  lai;;er 
ealiher,  or  liy  t  he  aililition  I  here  I  o  of  any  ei|nipmtMil  mihiy  applieal<h^  to  war. 

"II.  I>e;;iniiiii;;  or  .set  I  iii^;  on  loot  or  pi'ovidiii;;  or  pi'e|iai  iiiy;  the  iiu'aii.s  for  any  mili- 
tary eNpedilioii  tu'  enterprise  to  lie  t.iii'ed  oil  from  tli(>  territory  or  Jni  isdiet  ion  of  tin) 
I  niletl  Stales  a;;;lin.st  llii<  (errilolies  tii'  tloiiiiiiioiiM  of  eit  In  r  of  the  said  helli;;ereiils."' 

file 'I'liliniial  of  Arliitratioii  will  also  oliHervit  llial  (lie  inn.sl  inipoitanl  part  of  tlin 
Aiiiei  ieaii  at' I  "s  omitted  in  l':e  liril  isli  art,  namely,  the  iioiirr  loii/cynU  liji  the  fitihlk  xtc- 
tii'ii  on  llu'  r.v(riitivr  to  lake  posucwioii  of  itiul  Uiliiin  <(  slii))  n-itli'  ill  Jiiiliiidl  i>iiiiisk,  hiiiI  lo 
ii>^t  tin  miliUu-ji  mill  iiiinil  J'oiirs  of  the  (lorfnimriil  for  that  [iiupoKc,  if  iKvisnury.  i'larl 
Kiissell  i.s  iiiideisttiud  lo  liuvo  detcrmiiietl  tliat;  the  (Jiiited  Statcii  should,  in  niie\(-iit, 
liave  tlie  lienelit  of  sueli  »  Hiiniiiiary  pnieeediii};,  or  of  any  remedy  I  hat  wtiiild  taUo 
awuy  iho  triiil  liy  ju<y.— ^j)<<:l■A^Jl  and  iJitiiHitclmti  ({/'  lUirl  liuvocll,  Vel.  11,  page  !ilk). 


DDTIKH    OF   A    NKIITKAL. 


51 


!  I; 


iwii   UN   llio 

(■   pl'llilll  IIM, 

iclliiiilillls 


^    Mll\  ill-    of 

iiilld  ul'  :ili,V 

till'  I'iiIIimI 

svidi  IIk'  iii- 

llH  Willi  iii- 

Sliltl'M   willl 

III  Ih'  riill- 
liMiiHi'iilly 
I  lif  I  iinr  <il" 
■Shrl  of  \v;ir, 
tiMliic  liillij;- 
.ilf  lit  lt(  I  V(l 
I    tl\i'll  Ik;  ilt 

•iniiij;   til  lio 

lliu;;  nlll,  (.!' 

<<n4iliiyt'il  i!> 

icCioii  dl"  tlu< 
t'<l   ii.s  alon- 


i\V('<'ii  oilier  StiilcH  nilli  wlioiii  (lieal,  r>i'it:iiii  iiii;f|il,  1)0  ill,  jx'Mr'C, 
iiikI  Io  iii(|iiir<'  iiiid  ii'itnrl  wlirllin'  iiiiy  and  wlial.  ('Iiuii;;cs  oii'^hl  l«)  Im 
iiiiiilr  in  .snt'li  liiWM  lor  llir  |ini'|io.sc  of  i^Mvin^' to  |  licm  inri'ca.scil  rriicicnry, 
:in<l  Inin^in^  ilirni  into  rnll  <-ont'oiiiiil,v  willi  inh-i  niiliuniil  olili;^:!!  ions.' 

'I'lnit  < 'oniniission  lirld  Iwrnl.y  ionr  ,sillin;;s,  iind  linidiy  ifporlrd  iliiil, 
liii^  old   l'\n<'i;j;n    lOnlislnicrd.  Arl,  ol"   ISj'j  wiis   ciipaltlc  ol"    „,,„„,  „,    ,,,,1 

iiiipiovcnn'nl,  nnd  niijuhl,   Im-  nnidr   more  edieicnl,   l»y   llio  ' " 

( iiiielnienl  ol'  neverai  provisions  sei  lorlli  in  llie  reporl.^ 

Ainon^  oilier  tilings  the  < 'otiiinission  leioniineiided  tlml  if  !><•, 
|lir»|  made  a  sialiitory  otlmse  Io  'lit  *oiil,  arm,  ilisjiithli  or  c^nnu'  Io  hr, 
dhimtvhrd^  <(iii/  nIiIj),  ivilli  iiihiil.  nr  Lii<iirliilf/c  I  hat.  the,  siime  slmll 
or  will  be  employed  in  (he  mililary  or  n:i\al  servieo  of  any  Ion  i.;ii 
i'oNNcr  in  any  war  then  hem;;'  \v;i;^ed  l»y  siieh  Tower  a;^ains|,  IIk*  siihjeclH 
or  propt'ily  of  any  l'orei{;n  helli^icieiil,  Tower  wilh  \vlntm  her  i\liijesty 
sliiill  not  I  hen  Ih>  at,  war."''  11,  was  also  piopo.srd  Io  make  it  a  .stal  iilory 
«ilVense  to  '■'■hidhl  <ir ciiiiij)  din/  sliij)  irilli  llic  iiilfiil  lli/it  l/ir  miinr sli<tll,(iflrr 
III  iiiji  J'ltlrd  tint  (tiid  (iriiii'd,  rillirr  irilliin  or  In  i/oinl  llrr  Mnjcslifs  Ihiiiiiii- 
ions Jir  nil iilojifd  <iN  (i/onsa id  ;''''*  and  it  was  pr<»pos('d  Ihat  ilm  lv\eeiiliv«i 
should  lie  armed  with  summary  poweis  simiiiir  to  those  eonlcrrfd  upon 
the  Tresidenl,  of  the  United  Stiites  by  theei;^lilh  section  of  the;  act  ol 
|S|S,  it,  was  further  proposed  to  emiet,  thai  '•  in  t  iiiie  of  wai' no  vessel 
employed  in  tli<^  military  or  naval  service  of  any  belligerent,  which 
sliiill  have  been  built,  e(|iiipped,  lilted  out,  aiiiied,  or  dis|)alelied 
eiintrary  to  the  emietment,  slmiild  be  admittt'd  to  any  jiorl  of  llcr 
jMiiJesly's  I >omiiii<»n.s.'"' 

'i'hi'  'I'ribnnal  of  Arbitral  ion  will  not,  fiiil  to  observe  that  these  leeorii- 
iiiendat  ions  were  made  liy  a,  board  composed  of  I  he  most  emiiieiil  Jiid;;es, 
jurists,  publicists,  and  Ktatesmen  of  tlie  lOmpire,  w  ho  had  been  ill 
1 1 1(!|  public,  liteand  had  parlieipated*iii  the  direction  of  all'airs  in  (ireuf. 
Ilritain  <liii'in;;  the  w  iit>le  period  of  the  Sonthern  rebellion;  and 
tliiit  Ihey  were  made  under  a  commission  which  iiiithori/<'d  these  distiii- 
j;iiislied  neiilleiiu'U  to  consider  and  report,  what  <-lian;;es  ai^ht  be  mad<» 
ill  th(^  laws  of  the  Kin;;dom,  for  tlM>  purpose,  of  ;.;i\  iii;^M(>  them  inerea'-e<l 
elllcieiicy,  iiiiil  Inimjiioj  llinit  into  full  voii/oriiiilii  irll/i  Uir  inh'iiiolioiinl  ohli- 
(julioiiH  of  I'Uiifland.  The 'rribiinal  of  Arbitration  will  search  the  whole  of 
that  report,  ami  of  its  various  a  pp<Mid  ices,  in  vain,  to  Iind  any  iiidicalioii 
tliat  that,  (listin;4uislied  body  iina;j(iiied,  or  lliou;;1il,  or  believed  that  the 
iiKMsiiies  which  Ihey  recommemU'd  were  iiof  "  in  full  conformify  with 
iiiteriiatiomil  oiiIi^ati(Uis/'  On  Ili<'  coutriiry,  the  < 'onimissioners  say 
tliiil,  so  far  as  Ihey  can  see,  tlut  adoption  of  the  reciunmemlat  ions  will 
hiiii.i>'  the  municipal  law  into  full  conformity  with  the  interiialioual  obii- 
j^atioiis."  Viewiiifi'  their  acts  in  the  lif;hf  of  tjieir  powers  ami  of  their 
iiislriiclioiiN,  the.  United  Htates  Ice!  themselves  jnstilied  in  asking  \\w 
'rrihiinal  to  assume  Unit,  that  eminent,  body  re^ar<h>d  the,  acts  which 
Ihey  proposed  to  prevent  by  legislation,  as  forbid<leu  by  luterualioiml 

JiilW. 

The  re()ort  of  llui  (!()inniissioiu'rs  was  made  in  ISdS,  but  \va.s  notaeted 
ujioii  until  after  llu^  breaking  out  of  tlie  late  war  b(ttw<'eii     ,„„,  p„„„„  ,„. 
(lermany  and  Krauce.    On  Mm  IMh  of  August,  1S70,  i'«'"'"" ^-^ -"•''■»• 
[117]    J'arliament  *passed  "An  act  to  n'giilate  the  ('ondiict  of  ll<ir  Ma- 
jesty's subje(!t8  (luring tim  j'xistence  of  hostilities  between  foreign 


St  ates  with  which  iler  Majesty  is  at  peace 


This  act,  which  may  be  found 


li 


•>  \ 


PM] 


'  Vol.  IV,  piijuc  7!). 
*  Vol.  IV,  payo  HI. 


"Vol.  IV,  |t!v<,'c,  HO. 
*  Vol.  IV,  i)uyo  b2. 


■■'  Vol.  IV,  iia«cs  HO,  81. 
•i  Vol.  IV,  l.ajr.)  H2. 


52 


DUTIES   OF   A  NEUTRAL. 


„  I; 
I 


■  iii 


I 


,  i. 


t'cr 


.Tiulii'iiil    foiixtrut'- 
tion  1)1'  lli:it  ai  t. 


in  Yolnino  VII/  embodies  the  recoiimieiKlntions  of  the  commissioners 
which  are  cited  above,  except  that  which  exchules  a  ship  wliicli  has 
been  iUej-ally  built  or  ariuetl,  &c.,  iJcc.,  from  Jler  ^lajesty's  ports. 

Soon  alter  the  enactment  ot  this  statute,  a  vessel  called  the  "  Inter- 
national," was  proceeded  a<;ainst  tor  an  alleged  violation  ot 
its  jirovisions.    The  case  came  beibre  Sir  IJobert  J.  Philli 
,  more,  one  ot  Jier  ^Majesty's  Commissioners  who  signed  the  i'ei)ort  in  LSOiS. 
'  In  rendering  his  decision  on  tiie  17th  ot  Jannary,  LS71,  he  said :  "  This 
.'  statute,  passe<l  during'  the  last  session,  under  Avhich  the  authority  ot 
'this  court  is  now  tor  the  first  time  evoked,  is,  in  my  Judgment,  very  im- 
portant and  very  valuable ;  strengthennig  the  hands  ot  IJer  31ajesty's 
Government,  and  eiiahlimf  them  to  J'ulfiU  more  eimly  than  heretofore  that 
particular  class  of  international  oblitjations  ichivh  may  arise  out  of  the  con- 
liuct  of  Her  Majestij''s  sithjccts  toicard  belliyerent  Foreiyn   IStates,   with 
%ehom  Her  Majesty  is  at  peace.^^'^ 

*These  eminent  commissioners  and  this  distinguished  Jurist  [US] 
Lave  chosen  their  words  witli  the!  precision  wiiich  might  have 
l)een  expected  ot  them.  They  declare  that,  in  the  exe<.'ntion  of  the 
commission,  they  have  only  sought  to  bring  the  law  ot  England  into 
harmony  with  the  law  of  nations,  Tlieir  functions  ceased  when  they 
recommended  certain  changes  with  that  object  in  view.  Parliament 
then  took  up  the  work  and  adopted  their  suggestions.  Then,  as  if  to 
irrevent  all  misa;iprehension,  one  of  the  commissioners,  acting  as  a 
judge,  held  that  the  act  of  1870  is  intended  to  bring  the  law  of  the 
realm  into  harmony  Avith  the  international  duties  of  the  Sovereign. 

The  United  States  confidently  submit  that  the  new  provisions,  in- 
serted in  the  act  of  1870,  Avere  intended,  at  least  as  against 
isapsirt.f  III  .cm.  thc  iHitisii  Govemment,  US  a  re-eimctment  ot  the  law  ot 
mon  ,nv„ii.ugi,,m.  jj^j^j,)j,j;(^  j^s;  undcrstood  by  the  United  States  to  be  ai>plica- 
ble  to  the  cases  of  the  Alabama,  and  other  ships  of  war  constructed  in 
England  for  the  use  of  the  insurgents. 

They  conceive  tinit  Great  Britain  is  committed  to  the  doctrines  there- 
in stated,  not  merely  by  the  articles  of  International  Law  expressed  in 
its  statutes,  but  also  by  the  long-tsettled  Common  Law  of  England  cou- 
tirnie«l  by  acts  of  Parliament. 

*The  act  of  7  Anne,  ch.  12,  enacted  in  consequence  of  the  viola-    [119] 
tion  of  the  law  of  nations  by  the  arrest  Ibr  debt  of  the  xVmbas- 
sador  of  the  Czar,  Peter  the  Great,  in  London,  is  prominent  in  the 
history  of  the  legislation  of  (rreut  Britain.  ^ 

Lord  3Iansfield,  commenting  on  this  act  in  the  case  of  Triquet  vs. 
Buth,  3  Burrow's  Beports,  ]).  118,  says  thatthisact  was  but  declaratory. 
All  that  is  new  in  this  act  is  the  clause  which  gives  a  summary  Juris- 
diction for  the  i)unishm*ent  of  the  infraction  of  the  law.  He  further 
remarks  that  the  Ambassador,  who  ha<l  l>een  arrested,  crmhl  have  been 
discharged  on  motion.  This  act  pf  Parliament  was  passed  as  an  apology 
from  the  nation.  It  was  sent  to  the  Czar,  finely  illuminated,  by  an  Am- 
bassador Extraordinary,  who  made  the  mitional  excuses  in  an  oration. 
"  The  act  was  not  occasioned  by  any  doubt  whether  the  law  of  nations, 
particularly  the  part  relative  to  public  ministers,  was  not  part  of  the 
law  of  England,  and  not  intended  to  vary  an  iota  from  it."  Lord  Mans- 
field further  says,  in  refeience  to  the  case  of  Brevot  vs.  Barbot,  that 


» Vol.  VII,  page  1. 

^'LdikIoii  'i'iiiic'S,  .Janunry  18,  1871.    Seo  also  Admiralty  and  Ecclesiastical  Reports, 
Vol.  .'^,  Y'A^v  '''I'i'i.     Seo  a'so  Report  of  the  Debate  on  tlio  Foreign  Kulistuieut  Act  iu  the- 
flouHe  of  Comnums,  in  tlio  London  Times  of  AujjnMt  y,  1870. 

3  Sec  riiillimore's  International  Law,  vol.  5i,  ch.  8,  scctiou  194. 


jfnTf,  I 


DUTIES   OF   A  NEUTRAL. 


5a 


Lord  Talbot  (k'clared  "that  the  law  of  nations,  in  its  full  extent,  was 
l)ait  of  the  law  of  Eiifi,lan(l; "  and  adds,  "  1  remember,  too,  Lord  JJard- 
wiek  declared  his  oi)inion  to  the  same  eifeet,  and  denying  tiiat  Lord 
[IL'O]  (!liief  *Justiec  Holt  ever  had  any  don)>t  as  to  the  law  of  nations 
belnfjf  part  of  the  law  of  England,  upon  the  occasion  of  the  arrest 
of  the  Kussiau  AmbassadiU"."^ 

To  the  same  effect  is  tlic  remark  of  Lord  Tenterden,  when  he  says 
"  that  the  act  of  Anne  is  only  declaratory  of  the  common  law.  It  must, 
therefore,  be  construed  according  to  the  common  law,  of  which  the  law 
of  nations  must  be  deemed  a  i)art."'^ 

Ijlackstone  states  the  doctrine  in  getieral  terms  as  follows:  "The law 
of  nations  is  a  system  of  rules,  dedncible  by  natural  reason,  and  estab- 
lished by  universal  consent  among  the  civilized  inhabitants  of  the  world, 
in  order  to  decide  all  tlisputes,  to  regtdate  all  ceremonies  arul  civilities, 
and  to  insure  the  observance  of  Justice  ami  good  faith,  in  that  inter(M)urse 
which  must  frecpiently  occur  between  two  or  more  iudepeudeut  States, 
and  the  individuals  belonging  to  each. 

"In  arbitrary  States  this  law,  wherever  it  contradicts,  or  is  not  pro- 
vided for  by  the  munici[ial  law  of  the  country,  is  enforced  by  the 
[12r  lioyal  Power;  hn^  since  in  lOnglnnd  no  iloyal  Power  *ci!n  intro- 
Uice  a  new  law  or  suspen<l  the  execution  of  the  old,  therefore  the 
law  '  '  tions  (whenever  any  (]uestion  arises  which  is  ])roperly  the 
obn  ^  its  jurisdi<!tion)  is  here  adopted  in  its  full  extent  by  the 
oomtjjoii  law^  of  the  land.  And  th(»se  a(  ts  of  parliament  which  have 
from  time  to  time  been  ma<le  to  enforce  this  universal  law,  or  to  i'acili- 
tate  tiie  execution  of  its  decisions,  are  not  to  be  considered  as  intro- 
ductive  of  any  luiw  rule,  but  merely  as  declaratory  of  the  old  tunda- 
iiiental  constitutions  of  tlie  Kingdom  ;  icithout  which  it  mnnt  cease  to  be 
a  part  of  the  cirili;:ed  world.''^-' 

In  the  presence  of  these  aiithorities  it  cannot  be  doubted  that  the 
law  of  nations  enters  integrally  into  the  common  law  of  England,  and 
that  any  enactment  by  Parliament  on  this  point  derives  force  only  from 
its  conformity  with  the  law  of  nations,  having  no  virtue  beyond  that, 
except  in  so  far  as  such  eiuictnu'ut  may  afford  means'for  the  better  en- 
forcement of  that  law  withiii  the  realm  of  England. 

That  eminent  judge  and  jurist.  Lord  Stoweil,  even  goes  so  far  as  to 
say  that,  while  an  act  of  Parliament  can  ai'lirin  the  law  of  nations,  ic 
cannot  contradict  it  or  disallirm  it  to  any  elfect  as  respects  foreign  Gov- 
ernments.'' 
[122]  *Lord  Stoweirs  position  is  in  perfect  accordance  with  the  ob- 
servation of  Lord  JManstield,  in  another  case,  viz  :  Ileathlield  vs. 
Chilton,  that,  "The  [nivileges  of  public  ministers  and  their  retiiuie  de- 
pend upon  the  law  of  nations,  which  is  part  of  the  common  lawofEng- 
laml.  And  tlui  act  of  Parliament  of  7  Anne,  ch.  12,  did  not  intend  to 
alter,  nor  can  alter  the  law  of  nations."^ 

The  next  act  of  the  British  iliovernment  to  which  the  Fnited  States 
invite  the  attention  of  the  Tribunal,  as  showing  to  some  ex- 
tent that  (Jrovernment's   sense  of    its  duties  toward  the 
r nited  States,  is  the  Proclamation  of  iS'eutrality  of  iMay  13,  "^"'''*- 
bS(51,  already  alluded  to. 

'  .See  I'lirtlier  1  Bliiek.  Com.,  ji|i.  lii.  I?.')'!  ;  1  Woudsdirs  lA'ctiiiL's,  p.  ;U. 
"Novillo  V8.  Toof^ood,  1  liiiiinvcU  and  Cniswcll's  l»t']uiit.s,  "HU. 

^Bliickstimc's  Coin.,  vol.  4,  th.  r».     St-c  also  I^onl  Lyiidluust'.i  opinion,  aide,  page  Gl. 
••Tlio  LoiiiH,  iJodHon'H  Admiralty  Iti'port?*,  vol.  2,  p.  '210. 

''Hi'iitlilii'ld  r.i.  Chilton,  4  liuirows,  p.  "JOIG.    This  observatiou  of  Lord  Maiidlicld  ia 
itwl  and  adopted  by  Philliuioio,  vol.  :J,  p.  541. 


Dm  ic*    rcr'n[lin7,'-ll 
lolnitinii      of      Neu- 


[i 


':  I: 

■;  1 


A', 


■"WW, 


54 


DUTIES    OF   A   NEUTRAL. 


'# 


'".r 


i 


I , 


It  is  not  cliiipicd  tliiit  a  liolliseiviit  lias  tlio  riplit,  by  tlie  cnstom  of 
nations,  to  rcquiie  a  iiciitral  to  t'lil'oice  in  its  favor  an  cxocntivo  I'rocla- 
iiialion  of  tlio  neutral,  addressed  to  its  own  citi/A-ns  or  snbji'cts;  hut  it 
is  jiiiiiiiraiiicd  tliat,  as  between  (licat  i5ritain  and  tlie  United  tStates, 
tiiere  is  a  binding  |))»'('edent  tor  sneli  a  rei|nest  to  (Ireat  ]>ritain.  In 
179;>,  during'  (u'iieial  Washington's  iidndnistration,  the.  r(»])resentativo 
«>t'  Creat  Britain  in  the  riiifed  JStates  |)ointe<l  ont  to  Mr.  .lellersou,  who 
"was  tlien  S.eerefiir.v  of  .State,  aets  wliieli  were  deemed  by  Her 
iJritannic  Majesty's  (loverninent  *to  be  '^  breaches  of  neutrality,"  [V~o\ 
<ioMe  '"in  contravention  of  the  President's  I'roelutnation"  of  ]S'i'U- 
trality,  and  he  iiivitt^l  the  United  States  to  take  steps  I'or  tlie  rejiressiou 
of  such  aets,  and  lor  the  restoration  of  ea]>tured  i)rizes.  It  ai)pears 
that  the  United  States  eomplied  with  these  reijuests.' 

IJelyinti',  theretbre,  U]>on  this  jtreeedent,  established  ajn^ainst  Great 
Britain,  rather  t.'ian  upon  a  riLjht  tnider  the  laws  of  nations,  which  can 
be  asserted  or  maintained  apnnst  the  Uniicd  States  or  against  other 
nations,  the  Uiuted  .States  invite  the  attention  of  the  Tribunal  to  the 
fact  that  two  piinciples,  in  addition  to  those  already  deduced  from  the 
Uorei.^n  ICidistment  Act  of  181!),  a[)i)ear  to  be  conceded  by  the  rroclii- 
liiatioii  of  May  l-'J,  1801: 

1.  'Jhat  it  is  the  duty  of  a  neiitral  to  observe  strict  neutrality  as  to 
both  bellii^crents  during'  hostilities. 

^S'eutrality  is  deiined  by  I'hiliiuiore  "to  consist  in  two  ])rincii)al  circuin- 
II.  iuit:,,,,  ..1  ,„•.■.  stances:  1.  ICntire  abstinence  from  any  i)articipation  in  the 
*™'*  \\,w\  L*.  Impaitialify  of  conduct  toward  bofli  belligerents."' 

"Thisr//>.s//»c;(CT  and  this  inijxtrfniliti/  must  be  combined  in 
the  character  of  a  houti-Jidt;  neutral."* 

Uluntschli  delines  it  thus:  La  neutralite  est  la  iion-parficipation  a, 
la  gueii'e.  Lors(iue  I'etat  ueutre  soutient  tin  <les  beliigerants,  il 
]irc!id  *j)art  a  la  guerre,  eu  faveur  do  cebu  cju'il  soutient,  et  <les  [121] 
lors  il  ccfisc  d\'trc  itcutrc.  L'adversaire  est  autorise  a  voir  <lans 
celte  particii)ation  un  ;icte  <l'h()sti!ite.  Kt  cela  n'est  ])as  seulement  vrai 
quaml  letat  neuire  livre  lui-menui  <les  troupes  on  des  vaissoeux  des 
gueiie,  mais  aussi  lors(ju"il  jnvte  a  un  desbelligerants  un  ap))ui  mediat 
eu  ]H'rnu'ttaiit,  iaiuJis  <iH'il  p  nmnt  rcnipiv/wr,  <iue,  de  son  territoiro 
licutri',  on  eiivoie  des  troupes  ou  des  navires  de  guerre.''^ 

Ihiutefeiulh^  says:  ''(Jet  etat  nouveau  impose  auxneutros  des  devoii-s 
particuliers:  ils  <l<ii\-ent  s'abstenir  c(Mupletemeid   de   toute  acte  d'im- 


iuixii;:i  atix  hostilites  et  garder  une  stricte  impartiaiite  envers  les  deux 


beliiiierant." 


L'imiiartialite  consiste  a  traiter  les  di'ux  belli- 


gerants  de  la  menie  maidere  et  avec  une  parfaitc  egalite  dans  tout  co 
qui  concerne  les  relations  d'etat  a  etat.''^ 

jA)rd  Stowell  says:  "The  high  ]»rivileges  of  a  neutral  are  forfeited 
by  the  abainU)iunfnt  of  tliat  jierfect  indiflerence  between  the  contend- 
ing i)aities,  in  which  the  essence  of  neutrality  consists.^ 

Calvo  colh'cts  or  refers  to  tlie  detinitions  given  liy  the  various  writers 
on  Interiaitionul  Law,  and  expresses  a  preiereiu^e  lor  Ilubner's: 
"La  niiis  *acei»table  es  la  de  llubuer,  ])or  la  claridad  y  precision    [l-o] 
con  que  lija,  no  solo  la  situacioii  de  las  naciones  pacilicas,  sino  la 
extension  <iue  tiene  sobre  ellas  el  status  belli."" 

'Vol.  IV,  ])jigt'H  04-10'J. 
'-:iriiillii!ions('li.L\. 

3  Oiiiiiioii  iuiiiiutijilc  .sur  l.'i  question  de  I'Alaliain.a.     Berlin,  1870,  puso  22. 
■•Nc'cesfiie  (l"nne  loi  jmiiitinit!  ponr  legler  les  rappoit.-j  ilea  iioutica  est  des  belli<;<3- 
raut.s.    lit'iiis,  l>ii)i,  pii^e  7. 

•■  The  Klizii  Ann.  (I  Do.l.son'.s  Keiiorts,  244.) 

•s  Calvo  Dereeho  lutetiviciomil,  toni.  '2,  page  151,  {  C08. 


[120] 


lus  writers 


t  dcs  bolli''<3- 


DUTIES   OF   A   NEUTRAL. 


55 


2.  The  proclamation  also  distinctly  recognizes  the  principle  that  the 
duties  of  II  nentral  in  time  of  war  do  not  fjrow  out  of,  and  are  not 
dependent  npon,  mnnieipal  laws.  Otlenders  ajiainst  the  provisions  ot 
tl»e  aer  are  therein  expressly  forewarned  that  snch  otfenses  will  he 
"a(!ts  in  derogation  of  tiieir  dnty  as  snbjects  of  a  nentral  sovereign  in 
the  said  contest,  or  in  violation  or  contravention  of  the  law  of  nations  in 
that  behalf. 

Tiie  next  acts  of  the  British  Government,  indicating  its  sense  of  its 
duties  as  a  nentral  toward  the  United  States,  to  which  the  ,„„u,,  r..,o.n.7M 
attention  of  the  Tribunal  is  invited,  are  the  several  instrnc-  l;^a,'Ioiii'u"i"'.i.'r' 
tions  issued  during  tlie  contest,  for  the  regulation  of  the  '"^H'-i'^Ti'i"" 
oMlcial  conduct  of  its  naval  otlicers  and  of  its  colonial  authorities  toward 
tlu'  belligerents.' 

Tliese  various  instructions  state  or  recognize  the  following  priucii)les 
and  rules : 

1.  A  belligerent  may  not  use  the  harbors,  ports,  coasts,  and  w.aters  of 
a  neutral  in  aid  of  its  warliivc  purposes,  or  as  a  station  or  place  of  resort 
for  any  warlikepnrpose,  or  for  the  ))urpose  of  obtaining  any  facilities  of 

warlike  equii)nient. 
[120]  *2.  Vessels  of  war  of  the  belligerents  may  be  required  to  depart 
from  a  neutral  port  within  twentylbnr  Innu-s  after  entrance, 
excei)t  in  case  of  stress  of  weather,  or  recjuiring  provisions  or  things 
for  tiie  crew,  or  repairs ;  in  which  case  th(\v  should  go  to  sea  as  soon  as 
possible  after  the  expiration  of  tlie  twenty-lour  hours. 

3.  Tlie  furnishing  of  sup])lies  to  a  belligerent  vessel  of  war  in  a  neu- 
tral ])ort  may  be  prohibited,  except  such  as  may  be  necessary  for  the 
sultsistence  of  a  crew,  and  for  their  immediate  use. 

i.  A  belligerent  steam-vessel  of  war  ought  not  to  receive  in  a  neutral 
port  more  coal  than  is  necessary  to  take  it  to  the  nearest  port  of  its 
,own  I'ouutry,  or  to  some  nearer  destination,  and  should  not  receive  two 
su[)plies  of  coal  from  ports  of  the  same  neutral  within  less  than  three 
months  of  each  other. 

The  attention  of  the  Tribunal  is  further  invited  to  the  official  opinions 
expressed  by  the  rei)resentative  of  Great  Britain  in  the  com s-™,! -nrH,,,. 
United  States  during  tl'-e  administration  of  President  Wash-  iZZut  Tljm, 
ington  npon  the  duties  of  a  neutral  toward  a  belligerent;  '™- 
and  to  the  acts  of  the  Government  of  the  United  States  during  that 
administration,  preceding,  and  accompanying,  and  subsequent  to  those 
expressions  of  opinion;  and  to  the  treaty  concluded  between  the  United 

States  and  Great  Britain  in  17!»-4. 
[127]       *The  lirst  acts  took  place  in  the  United  States  in  1703,  a  year 
before  the  passage  of  the  hrst  xVmerican  Neutrality  Law,  when 
the  United  States  had  nothing  but  the  law  of  nations  and  the  sense  ot 
tlieir  duties  as  a  neutral  to  guide  theai. 

The  envoy  lioni  the  new  Urench  Eepnblic,  Til.  Genet,  arrived  at 
Charleston,  in  the  United  States,  early  in  April,  1793,  with  the  purpose 
of  nudving  the  ports  and  waters  of  the  country  the  base  of  hostile  ojx'ra- 
tions  against  Great  Britain.  The  steps  which  he  took  are  fairly  rel'erred 
to  by  Lord  Tenterden  in  the  memorandum  already  cited.'* 

The  Capital  was  then  at  Bhiludeli)hia,  several  hundred  miles  distant 
from  Charleston,  with  few  regular  means  of  connnunication  between  the 
two  towns.  The  Governmeilt  of  the  United  States  was  in  its  early  in- 
fancy. Four  years  only  had  ixissed  a'uw.a  it  was  originate*d,  and  it  had 
not  been  tested  whether  the  powers  confided  to  it  would  provp  sufficient 


i-iiM 


M\ 


ir 


9Vi 


'  I'll 


'  Vol.  IV,  pago  175,  et  seq^. 


*  Vol.  IV,  pago  93,  et  acq. 


66 


DUTIES   OF   A   NEUTRAL. 


for  an  onioriioncy  tliat  ini,i;lit  iiiise  in  its  Foroijun  lielations.  It  Inid 
lU'illiei'  navy,  nor  I'orco  that  could  \w  converted  into  one,  and  no  army 
on  tlie  seacoast;  and  it  was  ol)li<i;('d  to  rely  n|)on,  and  di»l  actually  call 
out,  tlie  irre{;ular  nnlitia  of  the  States  to  enibrcc  its  orders. 

iMider  the  directions  of  ]\l,  (lenet,  privateers  were  iitted  out, 
manned,  and  coniniissione<l,  ironi  *Cliarleston  and  other  ports,  [128] 
before  li(^  readied  rhiladelphia,  and  prizes  were  broujuht  in  l>y 
them.  On  the  liUd  of  April,  17!).'),  .M.  (U'liet  not  havin,i>'  yet  reached 
I'hiladelphia,  President  \\'asliinf;ton  issued  hiscelebratecl  proclamation, 
the  lirst  of  its  kind,  in  which  he  declared  that  "the  duty  and  intt'rest 
of  the  United  States  recpiire  that  they  should,  with  sincerity  and  ji'ood 
faith,  adopt  ami  ]»ursue  a  conduct  friendly  and  im])artial  toward  the 
bell ij,'ercnt  Powers;"  and  he  warned  all  persons  a.yainst  "(lounidttinj,', 
aiding",  or  ahcttiuj;?  hostilities  a,i;aiust  any  of  the  said  Powers."^ 

The  news  of  the  coming  of  31.  (ienet  had  ))reccded  his  arrival  at  Phil- 
adelphia. On  the  17th  of  .May,  171).'),  .Air.  llamaiond,  the  then  IJritish  Min- 
ister, made  complaint  of  his  acts,  and  called  attention  to  the  fact  that 
l)rivateer.s  were  lltting  in  South  Carolina,  which  he  con<;eiveil  to  be 
"breaches  of  that  neutrality  which  the  United  States  profess  to  observe, 
and  direct  contraventions  of  the  Proclamation." 

lli.^  invited  the  Government  to  "pursue  such  muasures  as  to  its  wisdi>m 
may  ai)pear  the  best  calculated  tor  rej)ressin,i;'  such  practi<;es  in  future, 
and  for  restoring  to  their  riyhtlul  owners  any  eai>tures  which 
these  particular  privateers  may  *attempt  to  bring  into  any  of  the    [12i»j 
ports  of  the  United  States."^ 

Two  days  before  the  receipt  of  that  representation,  3Ir.  Jelferson  had 
already  complained  to  the  I'rench  iMinister  of  these  ])roceedin,iis.  and 
M.  Genet,  on  his  arrival,  claimed  to  justify  himself  by  the  existing 
treaties  between  France  and  tlie  Uniteil  States. 

Other  cases  subseciuently  occurred,  in  which  ]Mr.  ITammond  inter- 
vened; for  an  account  of  which  the  Tribunal  of  Arbitration  is  resi)ect- 
fuUy  referred  to  Lord  Tenterden's  memorandum. 

The  subject  of  Mr.  Hammond's  comi>laints  and  his  demand  for  the 
restoration  of  the  captunnl  vessels  wen*  under  consnleration  until  rhti 
5th  of  .lune,  175)3,  when  a'.dwers  were  given  simultaneously  to  M.  Genet 
and  to  jMr.  Llammond. 

The  former  was  tt)ld  that  the  Uinted  States  could  not  tolerate  these 
acts  of  war  within  their  territories.  The  latter  was  told  that  elfectual 
measures  would  be  taken  to  j)revent  a  repetition  of  the  acts  comphiiue<l 
of;  but  as  to  restoring  the  prizes,  it  could  not  be  done  for  two  reasons  : 
first,  because  if  conmiissions  to  the  ])rivateers  w<'re  valid  and  the  cap- 
tures were  legal,  the  Executive  of  the  United  States  had  no  control 
over  them ;  and  if  they  were  illegal  the  owners  had  a  sullicient 
*i'eniedy  in  the  national  courts;  secondly,  because  the  acts  com-  [loO] 
plained  of  had  been  done  at  a  remote  i)ort,  without  any  privity 
of  the  United  States,  "impossible  to  have  been  known,  and  therefore 
imi)ossible  to  have  been  prevented  by  the  Governmeni."^ 

it  is  worthy  of  note  that  the  owners  did  resort  to  the  courts,  and  that 
prizes  taken  by  these  privateers  were  restored  by  judicial  jirocess.  * 

The  Government  of  General  Washington  determined,  however,  as  it 
had  been  intbrmed  of  these  attempts  at  violating  the  sovereignty  of  the 
nation,  that  it  was  the  duty  of  the  United  States  not  only  to  repress 
them  in  future,  but  to  restore  prizes  that  nught  be  captured  by  vessels 


'  Vol.  IV,  i»ago  94. 


!V()1.  IV,  pa{-o95. 


3  Vol.  IV,  i)a<;e  07. 


%i 


-/|--n  _._.^j^--.j^--_,  .    _.,j..,j_,_--,. 

■*  Dana's  Vv'lieatou,  section  439,  noto  '-^15,  l)a,i(o  Zi'MS.    Tliis  note,  wliicli  contaius  au  ex- 
haustive review  of  tlio  Auiericuu  poliey,  may  be  I'ouud  iu  Vol.  VII,  page  11. 


''  <    Tfl 


DUTIES   OF   A  NEUTRAL. 


6T 


tlins  illojjally  fitted  out,  maniiod,  ('qnii)])('(l,  or  coininissionod  within  tlio 
-svivtcrs  ol  tlui  United  States ;  or,  if  unable  to  restore  tlieui,  then  to  make 
compensation  lor  theui. 

The  reasons  for  this  course  are  stated  in  a  hotter  from  Mr.  Jellerson  to 
Mr.  Hammond,  (hited  tlie  Stli  of  Ki'ptember,  ITiK'i.' 

The  United  States  Government  also,  on  the  4th  of  Au{?ust,  1793, 
issued  instructions  to  collectors  of  the  customs,^  whiciii  were  in- 
[i;j]]    tended  to  enforce  *the  President's  Proclamuiion  (»f  Ai)ril  22.     We 
have  the  siuthority  of  Lord  Tcnterden  for  saying  that  the  result 
of  the  )>ul)lication  of  those  instrii't    .iis  was,  that  the  system  of  priva- 
teering was,  generally  s])eakiiig,  .    jipressed.'' 

From  this  examination,  it  ajjpears  tiiat  ii  well  conceived  and  extended 
system  of  violating  the  neutrality  of  the  United  States,  when  tliey  were 
weak  and  the  powers  (tonlided  to  their  Executive  were  utitried,  was  ])nt 
in  operation  In  April  by  the  representative  of  one  of  the  i)owerful  na- 
tions of  Emope,  and  was  suppressed  before  August  witiiout  legislation ; 
and  also  tiiat  tlie  United  /Stoten  undertook  to  make  eovipenmtlon/or  the  in- 
juries resulting  from  riolations  that  had  taken  plaee  where  they  had  faited 
to  exert  all  the  means  in  their  power  to  prevent  them. 

It  was  subse(pu'ntly  agreed  between  the  two  Governments^  that  ia 
cases  where  restitution  of  the  prizes  slnmld  be  impossible,  ti„. Treaty oi not 
tlie  amount  of  the  losses  should  be  ascertained  by  !i  method  '"•'''•"• 
similar  to  that  ])rovidcd  by  the  Treaty  of  Washington,  and  that  a 
uioiicy  payment  should  be  made  by  the  U'nited  States  to  (ireat  Biitaiu 
in  lieu  of  restitution.  The  examination  of  these  claims  extended 
[132]  ^over  a  i)eriod  of  some  years,  and  the  amounts  of  the  ascertained 
losses  were  eventually  i)aid  by  the  United  States  to  (heat  Britain. 

In  tlu^  case  of  the  "Jamaica,"  before  the  commission,  uhuv-r  the  7th 
article  of  the  treaty  of  171)4,  the  capturing  vessel  was  al-  rn,„tr..ciion  of 
Icgcd  to  have  been  armed  in  the  United  States,  but  the  'l;;,;„;!'"v;,',fj;;  '^ 
prize,  (the  .Jamaica,)  with  her  cargo,  was  burned  by  the  ca])-  i"'"'"' ""J-^' "• 
tors,  and  never  brought  within  the  Jurisdiction  of  the  United  States. 
Upon  this  bare  case,  without  any  allegation  of  permissi(»!-  or  neglect  by 
tlie  Govennnent  of  the. United  States  as  to  the  arming  of  tlui  h'rench 
cruiser,  the  advocate  for  the  claima-.ts  contended  that  the  law  of  na- 
tions obliged  the  United  States  to  make  compensation.  The  claim  was 
rejected;  "the  board  [on(^  gentleman  only  diss(Miting]  were  of  oi)iniou 
that  the  (!ase  was  not  within  the  stipulation  of  dlie  article  under  which 
the  commissioners  act." 

A  rehearing  being  granted  and  coutisel  heard,  Sir.  Gore  delivered  the 
opinion  sustaining  the  original  deternnnation.  Alter  reviewing  British 
precedents  cited  by  the  counsel  for  the  claimants,  as  supi)orting  his 
view  of  international  law,  j\lr.  Gore  says : 

The  counsel  for  the  claimant  seemed  to  suppose  that  the  obligation 

to  coni])cnsate  arose  from   the  circumstance  of  the  privateer 

[133]    having  been  *originally  armed  in  the  United  States  ;  but  as  there 

is  not  the  smallest  cvidenee  to  induec  a  belief  that  in  this  or  in  any 

other  cane  the  Government  permitted,  or  in  any  deoree  eonnived  at,  sueh 

arming,  or  failed  to  use  all  the  means  in  their  poicer  to  prevent  sueh  eqxiip- 


'  Vol.  IV,  pay;o  100.  Tlie  United  States  also  refer  to  Mr.  Jefi'ersou's  letter  to  Mr. 
Ilaiiniioiid,  ol'  Jsovember  14,  179:5. 

M'ol.  IV,  im-re 'J7. 

=  Vol.  IV,  pa-co  101. 

■•Treaty  eoneliuled  between  tlio  United  States  and  Great  Britain,  at  Lowlon,  Xovora- 
bor  ID,  1794,  coniinoiily  kuowu  as  "Jay's  Treaty."  Sue  United  States  Statutes  at  Large, 
Vol.  VIII,  page  IIG. 


m 


■ii 


iTT^^r' 


68 


DUTIES   OF   A   NEUTRAL. 


k 


Thtt  nt'utniliiy  Vnvi 

of    till-    I'llitci  M.;l  - 

rn  "  li'il  ill  till'  i-i  '1  ■.i>l 
bt  (jrwit  Itf.ta.li. 


went,  tlioro  is  no  jn'oniid  to  snpi)ort  a  cliargo  on  the  fact  that  the  arma- 
iijcnt  oli.cciiiiitod  in  tlu'ir  jjurts.''' 

All  tlu'si'  steps  prior  to  17!)1  woi'O  tala-nliy  tho  United  vStates  under 
the  general  rules  of  Jiiternational  Law,  without  the  aid  ot  a  local  statute, 
in  order  to  pert'oriii  what  ]Mr.  Jeilersoii  called  "  their  duty  as  a  neutral 
nation  to  itrol)ii)it  such  acts  as  would  injim^  one  of  tlio  waiiinjj:  |)owcrs."- 
In  17!t4.  however,  tlic  (.'ongress  of  the  IJniled  States,  on  the  ajjplication 
of  (Ireat  llritain,  passed  a  sUitutc  prohibiting'  such  acts,  under  heavy 
penalties.  ' 

The  gent'ral  i)rovisions  of  the  United  States  act  of  ISIS 

(which  is  still  in  Ibrce)  are  set  forth  in  note  1,  on  page  1 14. 

This  act  uas  i)assod  at  the  rcipiest  of  the  Portugese  Oov- 
orninent.  Tla;  act  of  fS.W  was  enacted  on  the  suggi'stion  of  (Ireat 
JJritain.  In  the  year  1IS.')7  a  fonnidable  rebellion  against  (ireat  Britain 
broke  out  in  Canada.  Synii)athi/crs  with  the  insurgents  begin 
ning  to  *gallier  on  the  northern  frontier  of  the  United  States,  Air.  [Vol] 
Fox  the  Ibitish  IMinister  at  Washington,  "  soienudy  a]>pealed  to 
the  Supreme (lovernnient  promptly  to  interpose  itssoveieign  anihority 
lor  arresting  the  disorders,*'  and  inipiired  what  means  it  proposed  to 
employ  tor  that  i)nri)ose.  The  l*re,sident  imme<liately  addressed  a  com- 
munication to  Congress,  calling  attentioif  to  defects  in  the  existing 
statute,  and  asking  that  the  Executive  might  be  clothed  with  adecpmto 
jjower  to  restrain  all  jtersons  within  the  jurisdiction  of  the  Unit(\l 
States  ifom  the  connnission  of  acts  ot  thci  character  comi)lained  of. 
Congress,  thereupon,  i)assed  the  act  ot  IS.JS.  Thus  (ireat  liritain  once 
more  asked  tlu;  United  States  to  amend  their  iH'utrality laws,  inlbitish 
interest,  s(»  as  to  give  more  power  to  the  Executive,  and  the  request  was 
complied  with. 

r.=..  cf  t.hc  >  -.ri  111  the  year  ISo"),  Great  Biitaiu  being  tin  n  at  war  with  IJns- 
"■"^-  sia,  it  -was  supposed  by  the  liritisli  Consul,  at  New  York, 

that  a  V(^ssel  called  the  Maury,  which  was  being  iiuiocetitly  fitted  out 
at  2s>w  York  for  the  China  trade,  was  intended  as  a  Itussian  jnivateer. 
The  British  .Minister  at  Washington  at  once  (.'ailed  the  attention  of  Mr. 
Marcy,  the  tiien  Secretary  of  State,  to  this  vessel.  The  aflidavits  which 
Lc  inclosed  for  theconshleration  of  the  Secretaiy  of  State  fell  far, 
very  far  slioi't  of  *the  evideniie  which  Mr.  Adams  submitted  to  [135] 
Earl  liiissejl  in  regard  tpthe  Liver])ool  cruisers.  The  whoh'  foun- 
dation which  t!u'  IJritish  31inister  fuiiiishcd  for  the  action  of  the  United 
States  v>as  the  "  belief"  of  the,  Consul,  his  lawyer,  and  two  ])olice  otli- 
ccrs,  that  the  vessel  was  intended  for  Kussian  service.  This  was  com- 
nuuiicaicd  to  the  (lovernment  of  the  United  States  on  the  11th  of  Octo- 
ber. jS'otwitlistanding  the  feebleness  of  the  suspicion,  the  i»rosecnting 
ofliccr  of  the  United  States  was,  on  the  12th  ot  October,  instructed  by 
telegraph  to  "  prosecute  if  cause  appears,"  and  was  at  work  on  tlu;  bUh 
in  order  to  pre\ent  a  violation  of  the  soveicignty  of  the  United  States 
to  the  injury  of  (ireat  Britain.^  The  ]no(;eedings  given  at  length  in  tho 
accompanying  volumes  show  with  what  rapidity  and  zeal  the  investiga- 
tion was  made,  and  that  the  charge  was  at  once  proved  to  be  unfounded. 
In  all  this  correspondence  aiul  these  precedents,  the  Ibl- 
rJ.S.i'ri..v';iI.-  lowing  i)rin(;iples  ai>pear  to  have  been  assunu'd  by  the  two 

two  Uovernniuiti.        /,  .  ^ 

Governments : 
1.  That  the  b(^lligerent  may  call  upon  the  neutral  to  enforce  its  nnud- 
cipal  proclamations  as  well  its  nmiucipal  laws. 

'2(1  Vol.  Mms.  Oi)iiii<)U8,  Dcpiiitinciif  of  State. 

2  Jlr.  ,Icllci>:(>ii  to  M.  Genet,  .June  Ti,  171K5.    Jctlcrsoa's  Works,  Vol.  Ill,  payc  572. 

3 Mr.  Ciiiiiiiiii^'H  speech,  eitcdaniv,  page  107. 

*Vol.  IV,  pages  53-02. 


DUTIES   OF   A   NEUTRAL. 


59 


2.  Tliiit  it  is  tin*  duty  of  tlu»  iioiitial,  vvlion  tlio  fact  of  tlio  iiilon- 
[loO]    (led  violiition  of  its  sovcii  ijLjiity  is  *(liNc]()S('(l,  ciilicr  tliroiiyli  tlio 

iiKt'iK'.v  «>f  tlic  ri'in'csciitiitivo  of  tlic  lu'llijicrciit,  or  tliioii^li  tlio 
vijjilaiicc  of  tlio  iioiitijil,  to  u.se  all  the  iiicauM  in  its  power  to  prevoiit 
the  violation. 

o.  Tiiat  when  thero  is  n  failure  to  use  all  the  means  in  the  jiower  of 
a  neutral  to  prevent  a  lireach  of  tlu^  nentrality  of  its  soil  or  waters, 
tlier«'  is  an  ohli^iation  on  the  i»art  of  the  nentral  to  make  coinpenautiou 
for  the  injury  resultin,;;  therefrom. 

'J'he  I'nited  States  are  aware  that  some  eniinont  ICiiqlisli 
])iu»iK'ists,  writiiiji'"  on  the  siil))eet  ot  tlio  "  Ahiuaniii  n.:,,!,, ,„ui.uu  lo,  .u- 
(.'iaiiiis,''  liavv'  maintaii'ed  that  the  ohlijiatioii  insneh  ease 
to  make  e<»mi>e!isation  would  not  neeessariiy  follow  the  jM'oof  of  tlio 
eommissioii  of  the  wron<>';  but  the  United  States  eonlicU'iitly  insist  that 
sueh  a  reMtlt  is  entirely  ineonsisteut  with  tli(^  eoursc^  ])ursued  by  (heat 
JJritain  and  the  United  States,  diiriii};' the  administiatioii  of  (ieneral 
Washiiifiton,  when  (Jreat  JJritain  elainied  of  the  Unite<l  States  eompen- 
satioii  for  losses  sustained  from  the  acts  of  eriiisers  that  had  leeeived 
v.ailike  additions  in  the  jxats  of  the  United  States,  and  the  United 
States  admitted  the  Justice  of  the  <'laim,  and  paid  tlu!  eoiiii)eiisatiou 
deiiianded.     The  United  States  also  jioint  to  the  similar  eoiiipensatioii 

made  by  them  to  Sj)aiii  in  the  treaty  of  ISIO.  lor  similar  injuries 
[l.')7]    inllieted  on  *S])anish  eommeree  durin<>'  the  ^\'ar  of  the  ln(lei)eii- 

denee  of  the  Spanish  American  Colonies,  as  showiny  tlio  sense 
of  Spain  on  this  ixtiiit. 

In  the  course  of  the  Ions' discnssioTis  between  the  two  Governments 
on  the  Alabama  claims,  tireat   Ibitain   has  attemjtted  to 
justify  its  course  by  a  reference  to  the  conduct  of  the  United 
Slates  toward  l*ortu,!>al  bi'tween  l.sKiand  l.SL'2.' 

These  several  replies  of  ■Mr.  Adams  amply  defeii<led  the  course  of  tlie 
United  States  in  that  alfair.  Uroin  the  rei)lies  and  from  the  oflicial 
documents  relerred  to  in  them,  it  would  ajjpear  that  in  the  year  1<S."»0 
the  I'nited  States  had  broiiuht  to  the  i>oint  of  settlement  a  lon;;-stand- 
in}4  claim  ajiainst  J'ortunal,  for  the  destruction  of  the  American  armed 
brij;  (^Jeneral  Armstroii}^',  in  the  hailior  of  Fayal,  in  the  year  LSbt. 
They  were  at  the  sametim(>  jiressinji  some  other  claims  against  I'ortnjial, 
and  were  condiictin^'  a  corresiioiuh-nce  with  the  Uortufiuese  Ijcjiation  at 
Washiiiuton,  jirowin^  out  of  the  seizuii^  of  a  rortuyuese  sla\er.- 

The  I'ortu.uuese  (lovernment.  as  an  offset  to  these  claims  of  the  United 
States,  revived  some  exploded  claims  of  Portuj^al  af>ainst  the  United 
States,  lor  alleged  violation  of  nentrality,  that  had  slumbered  for  nearly 

thirty  years.  T[ies<'  are  the  claims  referred  to  by  Earl  Kussell  ill 
[lo8]    his  note  to  *J\Ir.  Adams  of  2»Iay  4,  tHlio,-'  and  his  iu){e  to  tluisamo 

of  August  ."iO,  1S().~),'  and  his  note  to  the  same  dated  IS'ovember  2, 
1S();V  Lord  JJussell  asserts  that  the  com])laiiits  of  Portugal  were  more 
lre(inent  and  extended  to  a  larger  amount  of  proi)ert\  alter  1S18  than 


*'  o  r  los  pond'  nif? 
I)*  twcoii  till'  Lu;l..'il 
SJUtt.-^  and  Portiitfitl. 


they  had  done  before.  ]\Ir.  x\.dains  denies  this  allegaiion,"  and  his  denial 
is  supi)ortji'd  by  the  evidence  in  possession  of  the  Governmeut  of  the 
Unitetl  States. 

The  facts  a])i)eur  to  be  tliese  :  On  the  20th  December,  181(3,  the  Por- 
tuguese ^Minister  informed  the  then  Secrt>tary  of  State  (Mr.  Monroe)  of 
thti  litting  out  of  privateers  at  Baltimore  to  act  against  Portugal,  iu 

'  Vol.  Ill,  i)a«os^5iwm         ~     ~  ~~~      — 

-  Ext'futiv(3  Dociinicnt  No.  53,  SiJil  Cougross,  1st  session. 

3  Vol.  Ill,  ].aj>c  r>iir>.  •<  Vol.  Ill,  i)ii;,H- .'^m 

«Vol.  Ill,  i)iit>o  584.  6  Vol.  Ill,  ptiye  G:il. 


;  1' 
I 


■II  tat. 
)    J' 


60 


DUTIES   OF  A   NEUTRAL. 


ni 
"";rii 


!i'f 


case  it  slionld  ttirn  out  tlint  lliat  riovcriiiiiont  was  atwarwitli  tlio  "self- 
styled  (Joveriiiiicnt  ol'  iWieuos  Ayrcs."  JIo  fuvtlu'r  stated  that  Ik?  did 
not  make  tln'  application  in  <u»ler  "  to  raise  altercations  or  to  require 
satisl'action,"  but  tliat  In^  solicited  "'tlu'  j)i'oposition  to(.'on;;ress  of  such 
provisions  liy  law  as  \vill  prevent  such  alteniiits  for  the  Ititure,"  beinj; 
"  persuaded  that  my  [his]  nnifiiianimons  Sovereij^'u  will  receive  a  more 
dij^nilied  satisfaction,  an(l  woithiei'  of  his  hi;;h  character,  by  the  enact- 
ment of  such  liiws  by  the?  United  States."  Mv.  iMonroe  replied,  on  the 
27th  of  the  same  Inonth,  "  1  have  commnnicated  your  letter  to  the 
I'resident,  and  have  now  the  honor  to  transmit  to  you  a  cojty 
*of  a  messajfe  which  he  has  addressed  to  Conj^ress  on  the  sub-  [139] 
Ject,  \\ith  a  view  to  obtain  such  an  extension,  by  law,  of  the  Kx- 
e(;ntive  ])ower  as  will  be  necessary  to  preserve  the  strict  neutrality  of 
the  United  States,  *  #  #  .^^^^\  elfectnally  to  jiuanl  aj4ainst  the 
dan,ii,'er  in  re.iiard  to  the  vessels  of  your  Sovereign  which  you  have  an- 
ticipated." The  act  of  1817  was  passed  and  ollicially  communicated  to 
the  rortu^uese  ^Minister  on  the  l.'Uh  of  ]March,  1S17.  On  the  l.'Hli  of 
]\Iay,  1S17,  the  I'ortujfuese  ]\linister  informed  the  Secretary  of  State 
that  althoujili  "  the  law  ]iassed  at  the  last  session  of  (V  n;iress  obviated 
a  f^TCi't  part  of  the  evils"  of  which  he  comi)lained,  he  feared  there 
would  be  a  hn'.k  of  vi;j,ilance  on  tlu'.  ])artof  some  of  the  oilicials,  and  he 
asked  for  sjieuial  instructions  to  them.  On  the  Sth  of  March,  ISIS,  he 
complained  to  ^Fr.  John  (iuincy  Adams,  then  Secretary  of  State,  of  the 
cajtture  of  "  three  l*ortu;j,'uese  ships,  ca])tureil  by  jnivateers  titted  in 
the  United  States,  manned  by  American  crews,  and  commanded  by 
American  (lajjtains,  thoujih  under  insurgent  colors ;"  and  lu!  asked  for 
satisfaction  and  imlemniiication  for  the  injiuy.  The  note  makin<jj  this 
complaint  contained  neither  jiroof  of  tlie  alleinations  in  the  note  as  to 
the  littin^'  out  of  vessels  in  the  United  States,  or  as  to  their  being 
manned  by  Americans,  nor  indications  from  which  the  United 
States  mi;;ht  have  <liscovered  *those  facts  for  tiiemselves.  Tiie  [110] 
Secietary  of  State,  therefore,  in  reply  to  such  an  allei-ation,  very 
l»roi)eily  stated  the  fact  that  tlu?  United  States  had  '-used  all  the  means 
in  its  power  to  ])revent  thelitting  out  and  arming  of  vessels  in  tiieir  ports 
to  cruise  against  any  nation  with  wiiont  they  were  at  jieace,"  and  had 
"  faitiifully  carri(>d  into  execution  the  laws  to  lucserve  inviolate  the 
neutral  ami  i)acitic  obligations  of  the  Union  ;''  and  tlunjorc  could  not 
consider  themselves  "  bound  to  indemnii'y  individual  foreigners  for 
losses  by  captures."  It  will  not  escape  the  notice  of  the  Tribunal  that 
Mr.  Adams  calls  attention  to  the  distinction  between  the  national  obli- 
gations under  the  law  of  nations  and  the  duty  of  the  Government  to 
execute  the  nuuiicipal  law;  and  that  he  grounds  liis  refusal  upon  the 
fact  that  both  have  been  complied  with. 

The  I'ortuguese  Minister  next  complains  (October  15,  ISIS)  tliat  a 
privateer  is  fitting  out  in  Baltimore,  and  the  Secretary  of  State 
orders  a  luosecution  and  asks  for  the  names  of  the  witnesses,  anCi  it 
appears  that  before  November  13th  the  INn-tuguese  Minister  is  informed 
that  the  grand  jury  have  found  a  bill  against  the  accused.  On  the  lltli 
of  i^ovember  the  Portuguese  Minister  sends  to  the  Secretary  of  State 
depositions  and  the  names  of  witnesses,  and  informs  him  that 
lie  is  alarmed  at  the  "thick  crowd  of  individuals  who  *are  en-  [111] 
gaged  in  this  iniquitous  business,"  and  that  "  great  care  has  been 
taken  to  intercept  the  notice  of  such  faefcs  from  the  knowledge  of  the 
Executive.'^  Mr.  Adams,  on  the  18th  of  November,  infonns  the  Minis- 
ter that  the  evidence  has  been  placed  in  the  hands  of  the  lu'osecuting 
attorney  of  the  United  States.     It  thus  appears  that  the  second  com- 


[112] 


On  tl 
Decentl 
I  r  resist 
lation  ( 
Out 
says 
prey  oi 
were  in 
But  he 
the  cit^ 
Govern 
he  says 
and  lie 
"  Relyi 
choose 
Out 


J^    'I 


DUTIES   OF   A   NEUTRAL. 


61 


«solf- 


I)IMI1{^ 


[139] 


])lnint  was  disposed  of  to  the  .siitisfaetioii  of  the  ropvoscntativc  of  Por- 
tugal. 

The  tliinl  coinplaint,  tiiikIc  on  tlic  lltli  of  nccciiibcr,  ISIS,  Hfates  fliat 
an  aniu'd  vessi'l  ciillcd  tlu^  Irrcsistihlo,  sailiiij;'  uimIcp  socallt'd  Artisan 
colors,  wascoiiMiiittiii";' (Icprt'datioiis  on  tlio  coiisl  of  llrazil,  and  that  the 
coninianiU'r  and  vivw  of  the  vessel  weri^  all  Americans.  It  will  he 
observed  that  in  this  eonii»laint  then'  is  no  einir^^c  made  of  an  ille/;al 
use  of  the  soil  oi-  waters  of  the  United  States  in  N'iolation  of  their  duties 
as  a  neutral.  The  ehar^e  is  that  citizens  of  the  ITnited  States,  beyoiul 
their  Jurisdiction,  have  taken  service  under  a  belligerent  a^yainst  i'or- 
tujjal. 

The  next  <'oniniunieation  from  the  Portufjuese  ^linister  is  made  on  the 
4th  of  Fel»ruary,  1SI!>.  lie  asks  to  have  the  neutrality  act  of  1S17  con- 
tinued. The  Secretary  ol"  State  answers,  on  the  !»th,  that  that  has  already 
been  done  by  the  passage  of  the  act  of  1818.    This  appears  to  have  been 

rej,'arded  as  entirely  satisfactorv. 
[112]        *The  next  note  is  dated  the  17th  of  ^farch,  ISIO,  Although  stat- 
ing that  there  were  persons  in  the  TTnited  States  '*  interested  in 
this  iniquitous  ]»ursuit  of  i»Iundering  the  lawful  projx'rty  of  an  inotlen- 
sive  friendly  nation,"  in  which  statement  the  Minister  undoubtedly  sup- 
posed that  he  was  correct,  he  says  that  he  has  "abstained  from  written 
api)li(!ations  about  the  new  individual  oil'enses,"  and  he  makes  no  par- 
ticular comi»laint,  fiirniNhes  no  evidence,  and  indicates  no  suspicions. 
It  ai)p«'ars  to  be  the  object  of  the  note  to  induce  th<^  (lovernment  of  the 
United  States  to  withdraw  its  recognition  of  the  xVrtigan  tlag.    "  if  this," 
he  says,  "is  once  declared  illegal,  and  the  pri/es  made  under  it  acts  of 
]»iracy,  all  occasions  of  bitterness  and  nnstrust  are  done  away."   "  I  can, 
in  the  capacity  of  Aliidster  of  my  Sovereign,  certify  you  solenndy,  and 
ohicially  too,  if  necessary,  that  Artigas   and  his  followers  have  been 
crpcllfd/itr/roiii  the  countries  that  coitltl  tijfhrti  them  the  least  means  and 
poircr  of  navifiatinfi,  and  eonscquently  hare  no  rh/ht  to  fujht  hi/  sea.     "\\'hat 
becomes,  then,  of  the  rights  of  privateers  under  this  Hag  ?"     When  the 
Tribunal  come  to  consider  the  case  of  the  Shenandoah  at  Melbourne  they 
will  liml  this  language,  which  was  referred  to  with  approbation, 
[143]      and  assumed  by  Eail  Kusseil,'  to  be  exactly  in  point  in  ♦dispos- 
ing of  the  claims  growing  out  of  the  acts  of  that  vessel. 
On  the  -I'd  of  Ai>ril  tlie  Secretary  of  State  acknowledges  the  note  of 
I)ecend)er  11,  ISIS,  and  says  that  he  is  informe<l  the  comnmnder  of  the 
Irresistible  has  returned  to  Baltimore,  and  will  be  prosecuted  for  a  vio- 
lation of  neutrality,  and  asks  the  Minister  to  furnish  ])roof  for  the  trial. 
On  the  L'od  of  Novend)er,  1S1!>,  the  IMinister  again  conii)lained.     He 
says :  "  One  city  alone  on  this  coast  has  armed  twenty-six  ships,  which 
l)rey  on  our  vitals,  and  a  week  ago  three  armed  ships  of  this  nature 
were  in  that  i)ort  waiting  for  a  favorable  occasi(m  of  sailing  for  a  cruise.'' 
But  he  furnishes  no  facts,  and  ho  gives  neither  jn-oof  nor  fact  indicating 
the  city  or  the  district  which  he  suspect<?d,  and  nothing  to  afford  the 
Government  any  light  lor  inquiry  (u-  investigation.    On  the  (contrary, 
he  says :  "  /  shall  not  tire  you  icith  the  nnmcrotis  instances  of  these  facts;  " 
and  he  adds,  as  if  attaching  little  or  no  real  importance  to  the  matter: 
"Relying  confidently  on  the  successful  eftbrts  of  this  Government,  J 
choose  this  moment  to  pay  a  visit  to  BraziV^ 
On  the  4th  of  June,  1820,  the  Minister,  not  yet  liaving  departed,  in- 
forms the  Secretary  of  State  that  lie  desires  to  offer  his  "  thanks 
[144]    for  the  law  that  prohibits  the  entrance  of  privateers  in  the  *most 


II 


4 


in 
is 


»  Vol.  Ill,  page  566. 


68 


DUTIES   or  A  NEUTRAL. 


I 

1  I 


it'' 


imi»orfiiiit  pnrtH  ol' the  Union  ;"  that  lie  "Mcknowlrdyos  tlic  Siilufnry 
inlliK'ncc  of  Ww  llxcciitivc  in  ohtiiiniii^  tii«'S(>  ainclioriitions;''  and 
tiial  In*  in  »' liilly  |t('rsiia(lc»l  of  tlu>,  siiMTic  wi.slics  of  this  (lovi-rnincnt 
to  \n\\  n  iHtop  to  piiicticcs  so  contrary  to  iVicndly  intt'iconrsc.'' 

On  the  Stii  of.Iunc,  ISLM),  1m'  };iv('s  infoiiiiation  ol  a  I'onnidaUlc  pi'iva- 
t«!t'r,  wliicli  lie  Nays  is  to  be  titled  out  at  ISaltiniorc,  and  adds  tliat  In; 
"  lias  not  t  lie  least  donl)t  tliat  tlie  sapivine  I'.xi'cutivi'  lias  l)otii  I  lie  power 
and  tlie  will  (»!'  pnllin;,'  a  stop  to  this  hostile  ainianient;  ''  to  whieii  the 
Seerelaiy  of  Stale,  on  tln^l'IMli  olMnly,  replies  that  "sneh  nieasiii'es  liave 
been  and  will  eonlinne  to  he  tak«'n,  nnder  dire(-tion  of  the  I'resideiil,  as 
are  within  the  <'oiMpeten(;y  of  the  ICxecntivi',  and  niaystTNc  to  main- 
t^iin  inviolate  the  laws  of  the  United  States  appliealtle  to  the  ease." 

On  tiie  Kiili  of  didy  tlu^  Minister  ''laid  before  this  Oovernnient  tho 
names  and  value  of  nineteen  l*(jrtu;;iiese  ships  and  their  ear;;oes,  taken 
by  prixate  arnu'd  shi[)S  lifted  in  the  jtorts  of  tln^  Union  by  citizens  of 
these  States;"  bat  he  <lid  not  aeconipany  t'.iis  allegation  with  proof  of 
such  littin;,',  or  with  anythinji  tx'ndin^'  in  tlni  remotest  dejj;ree  to  lix  ii 
liability  on  tlu>  United  States,  or  to  allord  them  tln^  means  of  an  iMdc- 
])endent  exanumitioii.  lie  also  jiroposed  a  Joint  commission  for 
the  set*tlement  of  these  matteis,  which  the  Secretary  of  State,  on  [145] 
the  oOth  of  Sei)teiid)er,  ISL'O,  declined,  sayin;;'  that  ''the  (lovern- 
Jiipnt  of  the  United  States  has  neillier  conntenanced  nor  permitted  any 
violation  of  nentrality  by  their  citizens.  They  have,  by  varions  and 
sni'<'essive  acts  of  le^^islation,  manifested  their  constant  cariiesdicss  to 
lallill  their  duties  t<)\vard  all  ]»arties  to  the  war.  They  have  repressed 
every  intended  violation  of  them  which  has  been  bron^iht  before  their 
courts  and  substantiated  by  testimony."'  Other  claims  were  trans- 
mitted to  the  United  States  (lovernment  on  the  4th  of  December,  ISL'O, 
nnaccomi»anied,  as  liad  been  the  invariable  case  before,  by  anythinj^ 
tAindin^f  to  shosv  a  liability  in  the  United  States  to  make  conijicnsation. 

The  case  appears  to  have  been  closed  by  an  oiler  from  l'oitn;4al,  on 
the  1st  of  April,  ISUli,  to  {jfrant  to  the  United  States  e.\ce]>tional  com- 
mercial advantafics  if  the  United  States  would  reco;;nize  tlase  claim.s, 
and  the  refusal  of  the  United  States,  on  the  .'JOth  of  .Vi»ril,  to  do  so. 

It  is  worthy  of  remark  that  in  Earl  JkUsseU's  elaborate  .statement  of 
this  corr<'spoudence,  in  his  jiote  of  the  .'5Utli  of  Au.<;us|,  ]Si;,"i,  he  omits, 
Avith  a  completeness  whii-h  arj^ues  desij^n,  certain  i)arts  of  it  which 
showed  tliat  the  United  States  were  animated  with  a  constant 
des'ire  to  jierform  their  *international  dulit's.  Thus,  notiiin.n' is  [14(»J 
saiil  of  the  rortuyuese  note  of  l^'bruary  4,  1810,  askin;^  that  the 
neutrality  ac  if  181 7  may  be  continued  in  Jbrce,  and  the  .\m(M  lean  reply 
stating  tliat  it  had  been  so  contiinied.  Xothinj;  is  said  of  the  American 
note  of  the  L'lid  of  April,  1818,  statinj,'  that  the  commander  of  the  Irre- 
sistible, the  vessel  referred  to  in  the  Portuguese  note  of  IJtcember  11, 
1818,  had  returned  to  Baltimore  and  would  be  prosecuted.  Tho  Amer- 
ican note  of  the  20th  of  July,  1820,  is  also  omitted,  in  which,  in  answer 
to  the  rortn<>ue.se  note  of  the  8th  of  June,  1820,  it  is  stated  that  meas- 
ures have  been,  and  will  continue  to  be,  taken  to  maintain  inviolate  the 
laws  of  the  United  States. 

The  tribunal  of  arl)itration  cannot  fail  to  observe  that  these  sup- 
pressed notes  had  an  important  bearinjj  in  lorminf^  a  judgment  upon 
the  correctness  of  the  conduct  of  the  Government  of  the  United  States 
in  this  case — a  case  which  has  received  the  oflicial  apjiroval  of  Earl 
Kussell,  as  Her  JVlajesty's  Principal  Secretary  of  State  for  Foreign  Af- 
fairs. From  a  candid  review  of  the  whole  correspondence,  it  appears 
that  the  United  States  admitted  or  assertcil  the  following  propositions, 


[I47J 


consist 

of  a  nt 

Artie 

"A 

"  Fir 

equipp 

ground 

Power 

vent  tl 

or  (;arr 

whole 


*A  ,, 


\  t'-Ht 


DUTIES   OF   A   NEUTRAL. 


6t 


11  :f  !  Ml  that  turn^ 
uptiiiUitiiru 


to  ultich  TLt  Maji'stj'H  lioveiiniiciit,  tliioii^li  ICail  llusscll,  lias  giveu 

its  iissj'iit: 
[1 47|        I.  That  a  iioutral  f,'ov(Minn«'nt  is  ImhiikI  to  us«i  •all  tlif  incaiis  in 

its  power  to  pirvciit  tlnf  «'(|ui|)i)iii{;,  fittiii^^  out,  or 
ariniiiH',  within  its  Jurisdiction,  ot  vi'ssi-ls  intended  to  crniso 
ujxainst  a  power  with  which  it  is  at  peace. 

L'.  It  tln'  means  within  its  power  aie.  in  the  opinion  of  either  Itelli^i'er- 
ent,  inadc(|uatc  tor  the  pnipose,  it  is  liound  to  receive  su;4;L;('stions  ot' 
chaniu^es  t'roni  tint  belli^'crent,  and  it  it  be  true  tliat  the  means  are  inail- 
etjuate,  it  siioidd  so  amend  its  laws,  either  in  ai'eordance  with  snch  sn<{- 
j;('sti(»ns  or  otherwise,  as  to  put  new  and  more  ellective,  mci.ns  in  tho 
hands  of  its  Kxe(;ntive. 

o.  That  it  is  honiid  to  institute  ])r(K'eedintjs  uni^T  u  •  ljiwK;i;^nir.  t  c".U 
A't;ssels  as  to  which  rea    uiahle  {ironnds  Ibr  snspicwin  ,iiv  luade  *o  uj^pt'ur, 


even  it  the  /^rounds  Ibi  suspicion  tall  short  ot 


■>•)::■ 


pi   -ol. 


I.  lli'iuit 


K.'Tl.    ly 


The  (iovernnient  of  rortn^al,  durin;;  the  •.vlu-ie  t-orr  .ipomlenco, 
ollere<l  no  evidence*  to  i)ro\ "  that  captures  had  li^'c't  ituidi'  Ly  arnica 
vessels  illej^ally  lit  ted  out,  »-«|iiippe(l,  or  armed  ni  th  I'nitcd  Suites,  ni»f 
even  statements  of  tacts  tending'  to  lead  to  the.  disciivt  ry  «yf  ..uch  evi- 
dence, which  were  not  at  once  used  for  the  i.ni  (t()f=».>  <f['  det!wii!:j;,  ,-;».  'i 
vessels,  or  of  punishin^^'  the  {guilty  jtaitii  >;  iioi  did  tii«y  c/utcst  by 
proof  the  alle;>ation  of  i\lr.  .lohn  (^>uincy  Ada;. is  *hat  the  <.o\'jr(iMii  ;>(; 
of  the  United  States  had  done  cverytliii';;  in  its  .>ov  <•)•  iu  \>'i'- 
(148]  form  its  duties  as  a  neutral,  and  to  execute  itM  li/,vx.  Vh<;  'Njor- 
respondence  shows  exclusively  that  in  evevy  <'i,se  in  which  tiii3 
United  States  was  furnished  either  with  i»ositive  l''^;u  i).itf,,  or  a\  itU 
such  an  intimation  of  tin;  facts  as  would  enable  then,  to  p  irsuo  the  i?i- 
vestiji'ation  themselves,  they  acted  with  the  vi.'r^a-  which  was  rcfpiircd 
of  them  by  International  Law,  and  which  Great  J';  itain  f;vucd  to  .show 
in  similar  ca.ses  durinjj;-  the  rebellion. 

The  claims  lay  buried  until  they  were  exhumed  l>y  Mv..  r'.-airicrf,  v,. 
ISaO,  as  an  ollset  to  the  "  (b^neral  Arn)str(tn^"  case ,  and  would  hiivo 
l)ecn  forjiotteii  if  Earl  liusst''!  hud  iu)t  rescue<l  them  from  oolision. 

Tiio  lat<'st  otlicial  act  of  Iter  ^Majesty's  Governnu'iil,  indicating  t!.(0 
views  of  Great  Uritain  as  to  the  duties  of  a  neutral  in  tini<! 
of  war,  is  to  be  found  in  the  rules  ccuitained  in  Article  VI  Oi 
the  Treaty  of  Washin|jfton.  It  is  true  that  it  was  t.houj;ht  (Si^ential  by 
the  JJrirish  iiej^otiatois  to  insert  in  that  inst.unit  lit  a  d'u-luralioii  on  the 
l)art  of  Her  Majesty's  Government  that  titers  cuuM  nor  coi:s(  m  to  those 
rules  as  a  statement  of  principl.s  of  Intevna^'oual  J^aw  which  w<'re  in 
force  at  the  time  when  the  claims  now  Jiii.ler  disciission  arose.  But  the 
United  States  were  then,  and  are  stii';  of  the  opinion,  and  they  conli- 
deiitly  think  that  the  Trii.iinal  of  Arbitration  will  a^ree  witti 
[1-10]  them,  not  only  that  th./S*-  rules  were  then  in  force,  but  *that  there 
were  also  othii'  ru'os  of  Jnternational  Law  then  in  force,  not  in- 
consistent with  them,  detining,  with  still  greater  8tnctnc«s,  the  duties 
of  a  neutral  in  time  of  war. 

Article  VI  of  the  Treaty  of  Washington  contains  the  following  rules: 

"  A  neutral  government  is  bound — 

"  First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming,  or 
equipping,  witliiu  its  jurisdiction,  of  any  vessel  which  it  has  reasonable 
ground  to  believe  is  inteuded  to  cruise  or  to  carry  on  war  against  a 
Power  with  which  it  is  at  peace;  and  also  to  use  like  diligence  to  pre- 
vent the  departure  from  its  jurisdiction  of  any  vessel  intended  to  cruise 
or  carry  ou  war  as  above,  such  vessel  having  been  specially  adapted,  in 
whole  or  iu  part,  within  such  jurisdiction,  to  warlike  use. 


!;li 


.'■i:'. 


9:tU*, 


I 


64 


DUTIES   OF   A   NEUTRAL. 


"■tv. 

it 


\ , 


iSif 


m 


i.t 


"Secoinlly,  not  to  i)ormif  or  suffer  citlior  l)olli<ioront  to  innke  nse  of 
its  ports  or  waterH  as  tlio  base  of  naval  oj)eration»  apiiiist  tlio  otlier,  or 
f'^'  the  i)iu'|)ose  of  tlio  renewal  or  augnicDtation  of  military  supplies  or 
ari.      or  the  reeruitinent  of  men. 

"  riiirdly,  to  exercise  due  dilifj^ence  in  its  own  ports  and  waters,  and, 
as  to  all  persons  within  its  jurisdietion,  to  prevent  any  violation  of  the 
forejjoiu};'  ol)lij>ations  and  duties." 

Article  VI 1  contains  the  loHowinp'  provision  as  to  compensation  :  ''In 
case  the  Tribunal  finds*  that  (Ireat  liritain  has  failed  to  iuUill  any 
duty  or  duties  as  aforesaid,  it  niay,  if  it  think  inoper,  ]U'oceed  to  [150] 
award  a  sum  in  f>ross,  to  be  paid  l)y  (Ireat  Britain  to  the  United 
States,  foiall  t  lie  claims  rel'erred  to  it ;"  ami  ArlicleX  i)rovides  that,  "  in 
case  the  Tribunal  find  that  Great  Britain  has  failed  to  fulfill  any  duty  or 
duties  as  aforesaid,  and  does  not  aA\ard  a  sum  in  .yross,  thehi.uhcontractin}:^ 
parties  aj^ree  that  a  Board  of  Assessors  shall  be  ai)pointed  toascertain  and 
determine  what  claims  are  valid  and  what  amount  or  amounts  shall  be 
paid  by  theat  Ibitain  to  the  United  iStates  ju  account  of  the  liability 
arising  from  such  failure." 

The  obli.uation  to  prevent  vessels  of  war  from  being  fitted  out,  armed, 
or  equipped,  within  the  juri  .action  of  a  neutral,  when  such  vessels  are 
inten<led  to  cruise  or  to  carry  on  war  against  a  Power  Arith  which  the 
neutral  is  at  peace,  is  recognized  alnu)st  in  the  identical  terms  in  which 
it  was  stated  in  the'original  United  States  act  of  17!(t,  which  Mr.  Can- 
ning said  was  passed  at  the  rcipiest  of  the  British  Government,  and  in 
the  British  act  of  1819,  passed  to  aid  Great  Britain  in  the  perfornmnee 
of  its  <lnties  as  a  neutral. 

The  rules  imjjose  upon  the  neutral  the  obligation  to  use  due  flillfiencc 
wint  i3 ••  due ,ia.  to  i>revent  such  fitting  out,  arming,  or  equipping.    These 
rince."  -words  are  not  legarded  by  the  United  States  as  chang- 

ing in  any  *respect  the  obligations  of  a  neutral  regarding  the    [151] 
matters  referred  to  in  the  rules,  as  those  obligations  were  inqiosed 
by  the  principles  of  International  Law  existing  before  the  conclusion  of 
the  Treaty. 

The  i)hrases  ''negligence"  and  "diligence,"  though  o]>posite,  are  cor- 
relative expiessions  :  the  presence  of  the  one  implies  the  absence  of  the 
other.  It  hai)])ens  that  in'tlie  ordinary  course  of  judicial  ])roceedings 
the  term  "negligence"  is  of  the  one  most  frequently  employed,  and  is 
therefore  the  one  most  often  commented  on  and  explained  by  writers  on 
law.  ''  Negligence,"  Avhich  is  only  the  absence  of  the  <liligence  which 
the  nature  and  merits  of  any  particular  subject  and  the  exigencies  of 
any  particular  case  demand  as  '"due"  from  the  nature  of  its  inherent 
circumstances,  implies  blamable  fault,  called  in  the  Bonmn  law  culpa, 
with  reponsibility  for  consequences.  The  idea  of  obligation,  either 
legal  or  moral,  and  of  re;v,)onsibility  for  its  non-performance,  is  found  in 
all  the  forms  and  applications  of  the  question,  either  of  diligence  or  of 
negligence. 

Legal  writers  in  England,  in  America,  and  on  the  Continent  of  En- 
rope,  have  treated  this  matter  in  retierence  to  numerous  std)jects  of  con- 
troversy, public  and  private.  It  has  come  under  the  considera- 
lion  of  courts  in  questions  relating  to  the  *cnstody  of  property,  [152] 
to  the  performance  of  contracts,  to  the  transportation  of  persons 
or  property,  to  the  collision  of  sliii»s  and  railway  trains,  to  the  discharge 
of  private  trusts,  to  the  execution  of  public  duties,  and  in  many  f  lier 
ways. 

In  most  of  these  cases,  with  the  Roman,  Continental,  and  Scottish 
jurists,  and  to  a  certain  extent  with  English  and  American  courts,  the 


"In 


ire  cor- 
of  the 
edinjjs 
and  is 
ters  on 
wiiicli 
lieies  of 
nlicrent 
\v  culpa, 
either 
bund  in 
ice  ov  of 

of  En- 
of  con- 


[152] 


scbargo 
ly  r.Jier 


DUTIES   OP    A   NEUTRAL. 


66 


question  has  generally  been  put  as  one  of  negligence  or  culpa,  rather 
than  as  an  absence  of  diligence.  I>ut,  nevertheless,  the  phrase  "due 
diligence,"  exacfa  (lilificnfia,  is  of  received  use  in  the  civil  law.' 

The  ext(!nt  of  the  diligeiuic  required  to  escape  responsibility  is,  by  all 
authorities,  ganged  by  tlie  character  and  magnitude  of  the  matter  which 
it  may  alfect,  by  the  relative  condition  of  the  ])arties,  by  the  ability  of 
the  i)arty  incurring  the  liability  to  exercise  the  <liligence  required  by  the 
exigencies  of  tlu;  case,  and  by  the  extent  of  the  injury  which  may  fol- 
low negligence. 

One  of  the  earliest  and  oiw  of  the  best  of  the  English  expositors  of 
the  llonian  law  is  Aylillv,  (Xew  Pandects  of  llonnin  Civil  Law  as  an- 
ciently estal\jlishcd  in  that  I'hnpiie  ami  practic<'d  in  most  European  Na- 
tions, Loiidon,  IT;)!.)  He  says:  "A  i'ault  is  blanmble  through 
[bj;>]  want  of  taldng  i)roi>er  *care;  and  it  obliges  the  i)erson  who  does 
the  injui-y,  because  by  an  api)licalion  of  due  diligence  it  might 
have  been  foreseen  and  pre\cnted.'-'' 

'  ViniiiuH,  Ciiinnioiit.  ml  In«t.,  lili.  H,  tit.  15. 

^AvIilVc,  in  liis  riiiuli'cl.s,  (iJ.  2,  lit.  l.\,  i)p.  10,^,  lOi),  IK),)  Iiiis  ^ivcn  itn  oliihorato  viow 
of  tlio<liilLTi'iit  sorts  of  fault  or  iic;nli;;ciu:(', and  fraud  and  deceit.  The  passaj;o  is  lonj^, 
Ijiit  as  it  contains  ii  very  auiplo  view  of  tho  oi)inion.s  of  the  Civilians  it  may  bo  useinl 
to  i)laco  a  \iart  of  it  in  a  note ; 

"Tlio  word  fault,  in  Latin  called  culpa,  is  a  general  term  ;  and  according  to  tho  defi- 
nition of  it,  it  denotes  an  otfeiiso  or  injury  done  unto  another  by  imprudence,  which 
might  otherwise  be  avoided  by  human  (•ar<^.  For  a  fault,  says  Donatus,  has  a  respect 
unto  him  who  hurts  another  not  knowingly  nor  willing!  -.  Hero  avo  use  tho  word 
offense  or  injury  by  way  of  .'i  geuns,  wliieli  comprehends  (;  celt,  malice,  and  all  other 
misdemeanors,  as  well  as  a  fault ;  for  dtseeit  and  malice  are  i)lainly  intended  for  tho  in- 
jury of  another,  but  a  fault  is  not  so  designed.  And  Ihtu'cforo  wo  have  added  tho 
word  imprudence!  in  this  delinition,  to  point  out  and  distinguish  a  fault  from  deceit, 
malice,  and  an  evil  i)uri)()so  of  mind,  which  accompanies  all  tresjjasses  and  misdemeau- 
or,-<.  A  fault  aris(>s  from  simplieity,  a  dullness  of  mind,  and  a  barrenness  of  thought, 
which  is  always  attended  with  imprudence  ;  but  deceit,  called  dolus,  has  its  rise  ironiii 
iiK'dicious  i)uri)ose  of  mind,  ■which  acts  in  contempt  of  all  honesty  ami  prudence,  with  a 
full  intent  of  doing  mischief,  or  an  injury.  Aud  by  these  last  words  in  the  deliniti(m, 
namely,  which  might  otlun'wise  be  avoidinl  by  human  care,  we  distinguish  a  fault  from 
a  fortuitous  case.  For  a  fiuilt  is  bhimable  through  want  of  taking  i)roper  care  ;  and  it 
throws  an  obligation  upon  tho  person  that  does  tho  injury,  becauso  by  an  ai>plicatiou 
of  duo  diligence  it  might  have  been  fores(!(m  and  itrevented.  But  fortuitous  cases 
often  cannot  be  fon^seeu,  or  (at  least)  prevented  by  tho  providence  of  nmu  ;  as  death, 
lires,  great  Hoods,  shipwnxks,  funmlts,  jiiracies,  &c.  Tliose  tlinigs  aro  superior  to  tho 
prudence  of  any  man,  and  rather  happen  by  fate,  thereforo  aro  not  bhimable.  lint  if 
li'.and  or  some  i)revious  fault  be  the  occasion  of  these  documents,  they  aro  not  thou 
deemed  to  be  fortuitous  cases.  A  fault  is  a  deviation  from  that  which  is  good  ;  and, 
according  to  Bartolus,  erring  from  the  ordinanco  and  disposition  oi  a  law.  It  is  somo- 
limes  diflicult  to  judge  what  isthoditfei  .co  betwixt  .1  fault  and  a  <?o^(s,  since  these 
words  very  ofttni  stand  for  one  and  tho  same  thing.  There  is  no  one  in  this  life  lives 
without  a  fault ;  but  he  that  woidd  speak  distinctly  and  properly,  must  impute  a  dolus 
to  some  wickedness  or  knavery,  and  a  fault  to  imprudence.  The  iirst  consists  chielly 
iu  acting,  and  tho  otlier  in  not  acting  or  doing  somothing  which  a  man  ought  to  do. 
Accordinj;  to  Hartolus,  a  fault  is  divided  iuto  iivo  species,  viz,  rtiZ/w  latmima,  lalior, 
lata,  ?cris,  and  hrimma.  Tho  first  he  makes  to  bo  equal  to  manifest  deceit,  and  tho 
second  to  be  etinivaleut  unto  presumptive  nmlico  or  deceit.  Tlio  first  and  second  of 
tliese  distinctions  (he  says)  approach  unto  fraud,  aud  are  sometimes  called  by  the  namo 
of  fraud.  Ibit  a  Ittta  culpa,  which  is  occasioned  by  gross  sloth,  rashness,  improvidence, 
and  want  of  advice,  is  never  compared  unto  deceit  or  malice.  For  ho  that  understands 
not  that  which  all  other  men  know  and  understand  may  bo  styled  (says  llortolus)  a 
supine  and  unthinking  nmn,  but  imt  a  nuilicious  aud  deceitful  porsou.  I3ut,  I  think, 
none  of  Ihoso  distinctions  of  his  have  any  foundation  in  law;  for  such  things  as  admit 
of  any  d(>greo  of  comparison,  in  respect  of  being  moro  or  less  so,  do  not  admit  of  any 
specific  dilfcrenco ;  as  inajus  ct  minus  dircvsas  specks  nou  cousiituunt.  For  that  which  tho 
law  says  de  latiore  culpd  sometimes  is  to  bo  understood  de  lata  culpa,  after  the  manner 
that  a  word  of  tho  comparativo  degree  is  sometimes  put  for  a  word  of  tho  positive,  as 
in  Virgil :  Tristior  ct  lacrpuis  oculos  suffusa  iiitciiti.i.  Wherefore  I  shall  here  distinguish 
a  fault  into  two  species  only,  to  wit,  into  lata  and  Icris,  though  others  mention  si  culpa 


S.  Ex.  SI- 


'S 


66 


DUTIES    OF    A   NEUTRAL. 


r.  4  a 


r 


#■ 


3.:    T 


I  , 


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ili 


*]Mi'.  Justice  Story  Ims  olaboratdy  discussed  the  ineaniiij;?  of   [154} 
tbese  terms,  and  tiie  extent  of  dilifience  required  to  avoid  resjiou- 
sibility.    lie  says,  as  the  result  of  a  co!n[)arative  examination  of  the 
authorities  of  (hll'erent  nations, '' What  is  usually  done  by  ])ru- 
*dent  men  in  a  particular  country  in  respect  to  thinj>s  of  a  like    [155] 
nature,  Avhether  it  be  more  or  less,  in  point  of  dili;^ence,  tiian 
what  is  exacted  in  another  country,  becomes  in  fact  tlie  general  measure 
of  diligence.'" 

Following  the  example  of  Sir  Wdliam  Jones,  *and  other  writers  [15G] 
on  the  civil  law,  Mr.  Justice  Story  favors  the  idea  that  there  may 
be  thn^e  degrees  of  diligence,  and  three  degrees  of  negligence,  which 
are  capable  of  being  accurately  defined  antl  applied  to  th,e  various  cir- 
cumstances of  life.  But  while  asserting,  as  tlie  authorities  su])ported 
him  in  doing,  that  not  only  the  Eoman  law,  but  the  jurists  of  Conti- 
nental Europe  and  of  Scotland  all  recognize  this  division,  he  candidly 
concedes  the  difticulty  of  applying  such  a  fictitious  system,  and  he  is 
obliged  to  adnut  the  general  and  only  sound  i)rincii)le,  that  "  diligence 
is  usually  proportioned  to  the  degree  of  danger  of  loss,  and  that  dan- 

lerisHimn  too.  Tlie  iirst  denotes  a  ncifligonco  extremely  bliiniaMe  ;  tluifc  is  to  say,  such 
ii  iiegliireiKMi  as  is  not  tenipeved  with  any  kind  of  diligence.  Tlu'  other  iinjiorts  snclia 
kin<l  ol'  negligence,  wherelty  a  jierson  does  not  eni])lny  that  caro  in  nieti's  affairs  which 
otlier  men  are  wont  to  do,  thongh  ho  ho  not  more  diligiMit  in  his  own  business.  IJnt  as 
often  as  the  word  culpa  is  simply  used  in  the  law,  it  is  taken  for  that  wliicih  wc  style 
culpa  ?<'i'/.s,  a  light  fault,  heeanse  words  are  over  understood  in  thomorelavoralde  scnise. 
A  culpa  Irrinsima,  or  simjile  negligence,  is  that  which  i)roceeds  from  an  nnallected  igno- 
rance and  nnskiilfnlness,  (say  they,)  and  it  is  like  nnto  such  a  I'anlt,  whieh  we  easily 
excuse,  either  on  (he  account  of  ago,  sex,  rusticity,  t.Ve.  Or,  to  net  the  matter  in  a 
clearer  light,  a  lata  culpa  is  a  diligence  in  a  man's  own  atfairs,  and  a  iiegligenc(!  in  the 
concerns  of  other  men.  And  a  Icvis  culpa  is,  when  a  man  employs  the  saineeare  or  dili- 
genc(!  ill  other  men's  atfairs  as  he  does  in  his  own,  but  yet  does  not  use  all  care  aixl 
tideiity  which  more  dilig(!'it  and  eircnmspect  men  are  wont  to  make  use  of;  and  tliiy 
may  be  called  an  accnstomed  negligence  as  well  in  a  man's  own  affairs  as  in  the  busi- 
ness of  other  men.  A  lata  culpia,  1  mean  a  great  fault,  is  equivalent  or  next  niito  deceit 
or  malice.  And  it  may  bo  saitl  to  bo  next  unto  deceit  or  malice  two  ways,  namely, 
either  because  it.  contains  in  it  a  presumjitivo  deceit,  as  when  a  man  does  not  nse  the 
same  diligcnieo  in  anotlier's  concerns  as  in  his  own  ;  or  else  because  the  fraud  is  so  gross 
and  iiiexcnsablo,  that,  though  fraud  bo  not  pn^siimed,  yet  it  ditfers  but  little  from  it. 
As  when  a  person  becomes  negligent  iu  favor  of  a  friend ;  for  though  favor,  or  too  great 
a  facility  of  t(;niper,  excuses  a  man  from  lualicionsor  knavish  purposes,  yet  it  is  next 
of  kin  t  lusreunto.  And  it  is  a  rule  laid  down  in  law,  that  when  the  law  coiiiiuands  any 
act  of  deceit  to  bo  made  good,  it  is  also  always  uiulerstood  of  a  lata  culpa,  or  a  gross 
fault.  Wherefore,  sineo  a  great  fault  is  equivalent  or  next  unto  deceit,  it  follows,  that 
iu  every  disposition  of  law  where  it  is  said  that  an  evil  intent  or  dolus  ought  only  to  bo 
repaired,  it  is  to  be  understood  also  of  a  lata  culpa;  which  is  true,  I  think,  unless  it  bo 
in  the  Cornelian  law  de  Sicariis.  For  ho  who  commits  the  crime  of  murder  ex  lata  culpa, 
shall  bo  punished  according  to  the  severity  of  that  law,  but  in  a  luoro  gentle  manner ; 
and  thus  heroin  a  lata  culpa  is  distinguished  from  malice,  or  an  evil  design,  calle<l  dolus 
nialus;  for  ^  murderer  is  lialilo  on  the  score  of  his  wicked  purpose,  and  not  on  tho  ac- 
count of  gross  negligence.  Some  suy,  that  generally  speaking,  wluMiever  tho  law  or 
an  action  is  touching  a  pecuniary  ])enalty-,  and  tho  law  expressly  mentions  i\  dolus, :% 
lata  culpa  is  insutlicient,  aiid  is  excluded." 

Numerous  authorities  to  the  same  elfect  might  be  cited ;  but  it  will  snflico  at  this 
stage  to  refer  to  such  as  are  most  familiar  to  jurists  in  Great  Britain  and  the  United 
States. 

Wood's  Institutes,  p.  100. 

Hallifax's  Civil  Law,  \).  78. 

Bell's  Commentaries,  ji  2\i'-i  ct  scq. 

Browne's  Civil  and  Admiralty  Law,  vol.  I,  p.  ;!r)4. 

Frskiiie's  Institutes,  bk. ;{,  tit.  1. 

Bowyer's  Civil  Law,  ]>.  174. 

Mackenzie's  Roman  Law,  p.  180. 

Domat's  Civil  Law  by  .Strahan,  vol.  1,  p.  :U7. 

lloineccius,  EleUiCuta  Juris  Civilis,  lib.  ;?,  tit.  14,  Opera,  torn.  V. 

'  Story  on  Bailments,  ^  14. 


'  Story 

''  Steaii 

ities  thei 

^Ilayc 

*  Lomh 

'■'A  s])e( 

Koundell 

1871,  i)ag 


"WT'^I 


DUTIES    OP   A    NEUTRAL. 


67 


f    [154] 

of  the 

a    [155] 

II 

iioasure 


•s    [15G] 

y 

,^,  wliicli 

ions  cii'- 

»f  Coiiti- 
uiiuduUy 
1(1  lie  is 
ililigence 
hilt'  diiu- 


i>  Hiiy,  such 
orts  KHch  a 
tains  which 
■ss.    But  aw 
•,li  wc  stylo 
r!»V)l('  sense. 
,'cett'il  ij;iio- 
li  \vo  easily 
matter  in  a 
j(?nci!  in  the 
(ciire  <iv  (lili- 
,ill  carci  and 
:vnil  i\\\» 
n  the  hnsi- 
nnto  deceit 
ys,  namely, 
not  use  tho 
d  is  so  gross 
tic  IVoni  it. 
or  too  great 
jt  it  is  next 
nniauds  any 
,  or  a  gross 
bllovH,  that 
t  only  to  bo 
unless  it  ho 
ex  lata  culpa, 
tic  manner ; 
cnUed  dolus 
)t  on  the  ac- 
the  law  or 
iH  a  dolus,  a 

nftico  at  this 
il  the  United 


gcr  i:-i,  ill  diU'eront  stutes  of  society,  compoimded  of  very  different  ele- 
mpnt.s."^  ^ 

The  liijiliest  conit  of  the  TJuited  States  lias  doubted  tlic  ])liiloso])]iy 
of  j^radiiij;'  the  de<;rees  of  diliijeiice  iv  ;\  iiejiliseiieo  into  fixed  classes.'^ 

The  Scottish  courts  have  hiid  dowr;  a.  vulo  wliich  is  perhai)s  more  phi- 
losophical— that  wliere  an  injury  ha.s  hi  on  suffered  through  tlie  act  or 
omission  of  anotlier,  it  must  be  shown,  in  order  to  avoid  liability,  that 
tlie  accident  was  caused  without  any  iault  of  the  party  doing  or  suffer- 
ing the  act  or  omission,  and  through  some  latent  cause,  wliich  could  not 

be  dis(!erned,  obviated,  (iontrolled,  or  averted.'' 
[157]  *lii  the  discussion  upon  the  Treaty  of  Washington  in  the  IIouso 
of  Lords,  Lord  Granville,  the  jMinister  for  Foreign  Affairs,  is  repre- 
sented as  saying:  "The  obligation  to  use  due  diligence  implies  that  the 
{Jovernmeiit  will  do  all  in  its  power  to  prevent  certain  things,  and  to 
detain  vessels  which  it  has  reasonable  grou'.id  for  believing  are  designed 
for  warlike  purposes."*  Lord  Cairns,  in  the  same  debate,  is  rei>resentcd 
as  saying:  "The  iioiut  turns  upon  the  words  'due  diligence.'  Now,  the 
moment  y(ni  introduce  those  words  you  give  rise  to  anotlier  question,  for 
whit!!i  I  do  not  Jind  any  solution  in  tliis  rule.  What  is  the  standard  by 
which  you  can  measure  due  diligence  ?  JJiie  diligence  by  itself  means 
nothing.  What  is  due  diligence  with  one  man,  Avith  one  Power,  is  not 
due  diligence  with  another  man,  with  a  greater  Tower."  Sir  Eouudell 
Palmer,  in  a  subsequent  debate  in  the  House  of  Commons,  said  that  he 
sup[)osed  that  ditc  diligence  "meant  that  a  neutral  should  use,  within  a 
reasonable  sense,  all  the  means  legitimately  in  its  i)ower."^ 

It  is  needless  to  say  that  the  United  States  do  not  agree  in  these  official 

delinitions  by  Lord  Granville  and  Sir  Koumlell  Palmer,  in  the 

[158]    sense  in  which  *tliey  are  probably  made.     The  delbiitiou  to  which 

Lord  Cairns  has  given  the  weight  of  his  authority  appears  to  be 

nearer  to  the  opinions  as  to  these  words,  entertained  by  the  United 

States. 

The  United  States  understand  that  the  diligence  which  is  called  for. 
by  the  liulcs  of  the  Treaty  of  Washington  is  a  due  diligence;  that  is,  a 
diligence  inoportioned  to  the  magnilude  of  the  subject  and  to  the  dig- 
nity and  strength  of  the  Power  which  is  to  exercise  it: — a  diligence 
which  shall,  by  the  use  of  active  vigilance,  and  of  all  the  other  means 
in  the  i)ower  of  the  neutral,  through  all  stages  of  the  transaction,  pre- 
vent its  soil  from  being  violated : — a  diligence  that  shall  in  like  manner 
deter  designing  men  from  committing  acts  of  war  upon  the  soil  of  the 
neutral  against  its  will,  and  thus  possibly  dragging  it  into  a  war  which 
it  would  avoid : — a  diligence  which  prompts  the  neutral  to  the  most 
energetic  measures  to  discover  any  puri)ose  of  doing  the  acts  forbidden 
by  its  gootl  faith  as  a  neutral,  and  imposes  ujjon  it  the  obligation,  when 
it  receives  the  knowledge  ot  an  intention  to  commit  such  acts,  to  use  all 
the  means  in  its  power  to  jirevont  it. 

Xo  diligence  short  of  this  would  be  "  due;"  that  is,  commensurate  with 
the  emerycneiiy  or  loith  the  magnitude  of  the  residts  of  negligence.    Under- , 
standing  tlie  words  in  this  sense,  the  United  States  finds  them  iden- 
tical with  the  measure  of  duty  which  Cireat  Britain  had  previously 

admitted.  ' 

— » 

'  Stoi'y  on  Jiaihneiits,  ^  l-l. 

'■^  Steamboat  Now  World  vs.  King,  17  Howard  Reports,  page  475.    Sec  also  the  author  , 
itios  there  eited. 

^  Hay  (Jii  Lial)ilities,  cli.  8. 

^London  Tii!i(!s,  Juno  i;j,  lb71. 

■■•A  sjjeeeh  delivered  in  the  Honso  of  Commons,  on  Fiiday,  August  4,  1871,  hy  Sir 
Uouiulell  Piihuer,  M.  1\  for  Uichuioud.  Loiidou  and  Now  York,  Macuiillau  &  Co., 
1871,  page  5>8. 


i  n 


P 


XI  taw ; 

'A 


68 


DUTIES    OF    A   NEUTRAL. 


vl    !L- 


Sf 


TV; 

"If  *:  ': 
1.  , 


i      h 


of  liic  lirst  Itule. 


*It  will  also  be  obsoiTcd  tlint  littiiig  out,  ox-  anniiij^:,  or  equip-  [159 
»FiUM  <,„i  ,r,n  ^''"f^'  ^'^^'^^  constitutes  in  itself  a  conii)U'te  ollense. 
ing/''";?  Innii.'iNi'g  Therefore  a  vessel  whieli  is  iitted  out  withiu  the  ueiitral's 
.inrisdietioi),  with  intent  to  ernise  ajjainst  one  of  the  belli;;e- 
rents,  although  not  e(ini])])e(l  or  armed  therein,  (and  vice  rcrsa)  commits 
the  offense  apiinst  International  Law,  i)rovided  the  neutral  {government 
had  reasonable  ground  to  believe  that  she  was  intended  to  cruise  or  carry 
on  Avar  against  sudi  belligerent,  and  did  ]iot  use  due  diligen<;o  to  pre- 
vent it. 

The  neutral  is  required  by  the  second  clause  of  the  lii'st  ]?ule  of  the 
Treaty  to  ])revent  the  de])arture  from  its  jurisdiction  of  any 
vessel  intended  so  to  cruise  or  c  vry  on  war,  such  vessel 
having  been  fipcciaUy  lulaptcd.  In  irhole  or  in  jniyt^  irithin  such  jurifidic- 
iion,  to  n-arlil;e  iisc. 

The  Tribunal  of  Arbitration  ]irobably  will  not  have  failed  to  observe 
n.n.on,r..r.i,anRe  tluit  a  ucw  temi  IsVuiploycd  here.    In  the  Ih'st  clause  of  the 
of  bnsu.su  j\y^f  I{ule  the  obligation  of  the  n(Mitral  is  limited  to  tlie  i)re- 

vention  of  the  "fitting  out,  arming,  and  equipping"  the  vessel.  In  the 
second  clause,  the  language  is  nuich  broadi'r:  a  vessel  which  has  been 
"specially  adapted,  in  whole  or  in  part,  to  wai  like  use,"  may  not  be  i)ei'- 
mitted  to  depart.  The  reasonr.  for  this  change  may  probably  be  found 
in  the  ditferent  interpretations  which  have  been  put  by  the  Exe- 
*cutive  and  Judicial  Departments  of  the  two  (Jovernments  ujion  [KJO] 
the  words  "fitting  out"  and  "equipping,"  and  in  the  desire  of  the 
negotiators  of  the  Treaty  to  avoid  the  use  of  any  words  that  could  be 
de<Mned  equivocal.  The  United  States  will  endeavor  to  explain  to  the 
Tril)unal  what  these  ditl'eren(!es  of  inter])retation  Mere, 

The  eighth  section  of  the  United  tStates  law  of  1818  ein])owers  the 
President  to  take  i)ossession  of  and  detain  vessels  which  have  been 
'■'■  fitted  out  and  flr?«efi' "  contrary  to  the  provisions  of  the  act.  In  the 
year  180!),  Avhile  there  was  a  state  of  recognized  war  between  Spain  and 
Peru,  (although  there  had  been  no  active  hostilities  for  several  years,) 
the  Spanish  Government  made  contracts  for  the  construction  of  thirty 
steam  gun-boats  in  the  port  of  ISew  York.  Alter  some  of  tlnvse  boats 
were  launched,  but  while  most  of  them  were  on  the  stocks,  and  belbro 
any  had  received  machinery  or  had  been  armed,  the  l^eruvian  Ministei', 
on  behalf  of  his  Government,  represented  to  the  Government  of  the 
United  States  that  this  was  being  done  in  violation  of  the  neutrality  of 
the  United  States.  The  President,  i)roceeding  under  the  section  of  the 
statute  above  referred  to,  took  possession  of  the  vessels,  and  they  remained 
in  the  custody  of  the  naval  forces  of  the  United  States  until  they 
were  released,  with  *the  consent  of  the  Peruvian  Minister  at  [161] 
Washington.  This  was  done  under  the  assumi)tion  that  the  con- 
structiou  of  a  vessel  in  neutral  territory  during  time  of  war,  whicli 
there  is  reasonable  ground  to  belive  may  be  used  to  carry  on  war  against 
a  power  with  which  the  neutral  is  at  peace,  is  an  act  Avhieh  ought  to  be 
prevented;  and  that  the  constructing  or  building  such  a  vessel  was  in- 
cluded in  the  ollense  of  fitting  it  out.  The  same  interi)retatiou  (in 
substance)  has  been  given  to  this  language  by  the  judicial  authorities 
of  the  United  Stateg.^  The  British  tribunals  have  given  a  different 
opinion  upon  the  meaning  of  these  words.  In  the  case  of  the  Alexandra," 
against  which  proceedings  were  had  in  London,  in  lSCi>,  for  an  alleged 
violation  of  the  provisions  of  the  act  of  1819,  it  was  held  that  the  proof 

'  Uuitt'd  States  vs.  Quiucy,  G  Poters's  Kcports,  445. 
« Vol.  V,  ijugos  3-470. 


i»m 


[103] 


it,  and 
This  br 


DUTIES    OK    A   NEUTRAL. 


69 


I.    [159 

ehtrnl's 
bellij;e- 
;oniniit.s 
'rmneut 
or  carry 
to  pro- 

e  of  the 
n  of  any 
li  vessel 
jnrisdic- 

ol)Rerv(i 
se  of  the 

tlie  pre- 
.  Ill  the 
lias  been 
)t  be  per- 
bo  fouiul 
ic- 
on flOO] 
he 

could  be 
via  to  the 

wcrs  the 
iive  been 
In  the 
^pain  and 
■111  years,) 

of  thirty 
ose  boats 
ml  before 

Minister, 
iiit  of  the 
itrality  of 
ion  of  the 

rouiained 

lev 

at    [101] 
on- 

,nr,  which 
ar  against 
Light  to  bo 
;el  was  in- 
statiou  (in 
inthorities 
different 
Jexandra,^ 
an  alleged 
t  the  proof 


of  the  oonstinctiou  of  a  vessel  for  the  purpose  of  hostile  use  against 
the  United  States  did  not  establish  such  an  equipment,  or  fitting  out, 
or  furnishing,  as  would  bring  the  vessel  witiiin  tlie  terms  of  the  Foreign 
Enlistment  Act'  and  enable  the  Government  to  hold  it  by  proceedings 

under  that  statute.  When  the  Joint  High  Commissioners  met 
jl()2]    at  Washington,  *and  had  to  consider  what  words  they  would  use 

ill  the  Treaty,  they  found  the  Executive  of  the  United  States  aud 
the  Jndiciary  of  (Jreat  IJritaiu  differing  as  to  the  meaning  of  these  im- 
l)ortant  words.^  Tlie  Tribunal  of  Arbitration  may  therefore  reasonably 
presume  that  the  framers  of  tiiat  Treaty,  alter  the  exi)erience  of  the 
American  insurn^ctiini,  sought  for  language  which  wouhl,  beyond  any 
question,  indicate  the  duty  of  the  neutral  to  prevent  tlie  departure 
from  its  ports  of  any  vessel  that  had  been  specially  adapted  for  the 
hostile  use  of  a  belligerent,  ichcther  that  adaptation  hef/an  when  the  Ir.el 
iras  laid  to  a  vcnscI  intended  for  such  hostile  use,  or  icheiher  it  was  made  in 
later  star/es  of  construction,  or  in  Jiltint/  out,  or  in  furnishing,  or  in  ciiuip- 
piuff,  or  in  armiufi,  or  in  any  other  wai/. 

The  undoubted  duty  of  tlie  neutral  to  detain  such  a  vessel,  although 
it  had  not  been  formulated  by  Great  Britain  in  any  of  the  acts  prior  to 
1801  which  have  been  passed  in  review,  is  understood  to  have  bei^n  in- 
cluded in  the  obligation  to  prevent  her  construction.    The  United  States 

regard  this  duty  as  one  tiiat  existed  by  the  law  of  nations  i)rior 
[103]    to  the  Treaty  of  Washington  ;  but  as  that  *Treaty  jirovides  that, 

for  the  pur[)ose  of  the  ])resent  discussion,  the  rule  is  to  be  taken 
as  having  the  force  of  public  law  during  the  Southern  liebellion,  it  is 
needless  to  discuss  that  point. 

The  United  States  invite  the  -particular  attention  of  the  Tribunal  to 
the  continuing  (iharacter  of  the  se(!ond  clause  of  this  rule.  r„ntimnn8fur,.eof 
Tiie  violation  of  the  lirst  clause  taUes  place  once  for  all  "''"  '"''• 
when  the  offending  vessel  is  lifted  out,  armed,  or  equipped  within  the 
jurisdiction  of  the  neutral ;  but  the  ofl'ense  under  the  second  clause  may 
i>e  committed  as  often  as  a  vessel,  which  has  at  any  time  been  specially 
adapted,  in  whole  or  in  part,  to  warlilce  use,  within  the  jurisdiction  of' 
the  neutral,  enters  and  de]>arts  unmolested  irom  one  of  its  ports. 
Every  time  that  the  zMabaaia,  or  the  Georgia,  or  the  Florida,  or  the 
Slienandoah  came  within  liritish  jurisdiction,  and  was  suiferecl  to  de- 
])ait,  there  was  a  renewed  offense  against  tlie  sovereignty  of  Great 
Uritain,  and  a  renewed  liability  to  the  United  States. 

The  liritish  Government,  certainly  once,  if  not  oftener,  during  the 
rebellion,  admitted  its  duty  to  detain  tln^se  cruisers.  ^Ir.  nntv  t„  ,i..t,,m 
Cobden  stated  it  forcibly  in  u  speech  in  the  House  of  Com-  i;";!;.';!''''!.;"',';,;';'; 
mous:''    "The  Government  admit,  through  their  legal  ad-  ""'""• 

viser,  that  they  have  the  power,  if  they  choose  to  exercise  it,  to 
[104]    pn'vent  these  vessels  from  entering  our  *harbors;  but  the  honor 

able  and  learned  gentleman  doubts  the  expediency  of  exercising 
it,  and  his  reason  is  that  he  thinks  we  have  not  clear  proof  of  guilt. 
Tliis  brings  me  to  a  striking  piece  of  inconsistency  on  the  part  of  the 

'Tliis  o])iiii(tri  was  on  tho  Act  of  IfJl'J.  Tlio  Act  of  1H70  provides  that  "  c(iuipi)iug 
sliall  include  tlio  I'lxrni.shinj;  a  ship  witli  any  tackle,  ajjpai'cl,  fnvnituro,  provision.s,  arms, 
iiiunitioiiM,  or  stores,  or  any  other  thiny  which  is  used  in  or  about  u  ship  for  tho  purpose 
of  littinj^'  or  adai)tin}^  h(;r  for  tho  sea  or  for  naval  services." 

'^  "It  is  perfectly  true  that  Lord  C'lii(.'f  Baron  tollock  and  Baron  Bramwell,  as  well 
as  other  great  h'f^al  authorities,  thon^-ht  that  such  words  as  these  did  not  convey  tho 
true  ineanin;;  of  our  tliei).  Foreijifn  Enlistment  Act ;  which,  in  their  opinion,  was  in- 
tended to  apply  only  to  those  vessels  which  might  bo  armed  within  our  jurisdiction, 
either  completely  or  at  least  so  far  as  to  leave  our  waters  in  a  condition  immediately  to 
connn(Mice  hostilities." — Sir  il.  Palmer's  Speech,  August  4,  1871,  page  32. 

3Vol.  V,  pager.'.H). 


Vi 


70 


DUTIES    OF   A   NEUTRAL. 


I  ! 


•V;l.J 


u 


it 


lionoraldo,  and  loiirnod  frentloraan.  Ue  bpjjlns  with  admini.stering  a 
solemn  exhortation,  and  sonietlnn,!]clil^t'  s^  solenni  reproof  to  English  ship- 
builders, for  infringin.u  onr  ncuitralitylaws  and  disregarding  the  Queen's 
Proclamation  l)y  building  these  sliiiis.  Well,  but  if  they  are  violating 
our  neutrality  and  disregarding  the  Qneen's  Proclamation,  it  must  have 
been  because  they  built  these  vessels  for  ji  belligerent  to  be  em]>loyed 
against  some  Power  with  which  we  are  at  peace.  The  honorable  and 
learned  gentleman  assumes  that  these  individuals  are  guilty  of  these 
acts.  He  knows  they  have  been  gailty  of  these  acts ;  he  knows  that 
these  three  vessels  in  particular,  aiul  the  Alabama  more  especially,  have 
been  built  for  the  Confederate  irovernmoiit,  and  emjdoyed  solely  for 
that  Government,  and  yet  he  doubts  th(»  expediency  of  sto])ping  thetn 
from  entering  our  iiorts.  lie  speaks  as  though  we  were  asking  that  lie 
should  send  out  ships  of  war  to  order  away  these  vessels  Avithout  trial. 
He  says  there  nmst  be  legal  ]>roof ;  but  it  does  not  require  legal  proof 
to  warrant  you  in  telling  a  Government,  '  You  have  got  these  vessels 
clandestinely  ;  you  got  them  by  the  infringement  of  our  neutral- 
ity *code,  or,  at  least  we  suspect  you  upon  fair  grounds  of  doing  [105] 
so;  and  unless  you  prove  that  tlu'y  came  legitimately  into  your 
hands,  wo  nuist  refuse  them  the  hosi)itality  of  our  ports.'  Why,  how 
do  you  act  in  private  life"  You  hear  charges  and  reports  compromising 
the  honor  of  yor.i  acquaintance  or  frieiul.  Y'ou  may  have  a  moral  con- 
viction in  your  mind  that  that  individual's  honor  is  compromised,  but 
you  may  not  have  legal  proof  of  it,  and  still  you  may  be  quite  justitied 
in  saying  to  him,  'Until  you  clear  iq)  these  charges,  Avhicli  vu  the  face 
of  them  criminate  you,  1  nuist  refuse  you  the  hosjutality  of  my  house.' 
I  hold  that  you  have  the  right  to  say  the  same  thing  in  regard  to  these 
cruisers.  Bi^t  what  was  the  course  of  the  Governm<mt  in  the  case  of 
the  Alabama!?  Tkey  told  jlfr.  Adams,  the  American  Minlsfcr,  that  they 
shoidd  give  orders  to  stop  the  Alabama,  either  at  Quccnstoa'ii  or  Ij^assati. 
There/ore  the  pr'ncvple  u-as  reeofjnized  in  the  case  of  that  vessel  that  you 
had  a  right  to  stop  her  when  she  reached  your  jurisdiction.  I  say,  therefore, 
in  the  same  way,  prevent  their  entering  your  harbors  until  they  give  an 
account  of  themselves,  to  show  how  tliey  became  possessed  of  that 
vessel.  This  has  a  most  important  bearing,  and  one  so  apparent  that 
it  must  b(  ])lain  to  the  apprehensions  of  every  honorable  gentleman 
who  hears  it." 

The  French  Government,  during  the  iiisurrec*tion,  i)ractically    [lOG] 
Abo re.oBi.ize.1  by  asscrtcd  tho  same  power  in  the  neutral  to  protect  its 
Fnin...  violated  sovereignty.    The  British  GovernnuMit  in  180'1  sold 

a  screw  gun-boat  to  persons  who  proved  to  be  agents  of  the  insurgents. 
This  was  done  at  a  time  when  it  was  a  matter  of  i)ublic  notoriety  that 
those  agents  were  in  England  nudcing  great  eifoits  to  lit  out  a  nuAy. 
The  purchasers  took  the  vessel  to  Calais  to  conqdete  the  equipment. 
On  the  way  from  the  Thames  to  Calais  the  name  of  the  vessel  was 
changed  to  the  "lta])i)ahanock,"  the  insurgent  Hag  was  hoisted,  an 
insurgent  officer,  holding  an  insurgent  comnussion,  took  tlu>  connnand, 
and  tiie  crew  were  nnistered  into  the  service  of  the  insurgents.  On 
arrival  at  Calais,  attempts  were  made  to  comidete  the  equipment.  The 
French  Government  stopped  this  by  placing  a  man-of-war  across  the 
bows,  and  holding  the  vessel  as  a  prisoner,  and  the  Papjiahannock  was 
thus  prevented  from  destroying  vessels  and  commerce,  sailing  under  the 
flag  of  a  nation  with  which  France  was  at  peace. 

The  second  liule  provides  that  a  neutral  government  is  bound  not  to 

Tiie  fi^onj  Rule  pcmiit  or  suftcr  either  belligerent  to  make  use  of  its  ports 

of  the  Triatr.        q^  waters  as  the  base  of  naval  operations  against  the  other, 


[IGO] 


DUTIES    OF   A   NKUTIIAL. 


71 


or  for  tlic  purpose  of  tlio  roiiewiil  or  iuijiiiioiitation  of  iiiilitiiry  supplies 

or  arms,  or  the  rocruitniout  of  uicu. 
[107]  *A  qiu^stiou  has  bi'cu  raised  whether  this  rule  is  understood  to 
apply  to  the  sale  of  military  supplies  or  arms  in  the  ordinary 
eourse  of  commeree.  The  United  States  do  not  understand  that  it  is 
intended  to  ai)ply  to  such  a  traflie.  Tliey  understand  it  to  ai)i)ly  to  the 
use  of  a  neutral  ])ort  by  a,  helli.uerent  for  the  rciuwnl  or  augmciilation 
of  sueli  military  supiilies  or  arms  i'or  the  naval  ojierationa  referred  to  in 
(lie  rule.  TaKcu  in  this  sense,  the  IJnih'd  States  maintain  that  the 
same  obli;^'alions  are  to  be  found,  (exi)ressed  in  other  words.)  Ilrst,  in 
the  lM)rei^^'n  J']nlistment  Act  of  1.S10;  and,  secondly,  in  the  instructions 
to  the  naval  forces  of  (ireat  IJritain  durin;^'  the  I'ebellion. 

The  Tribunal  of  Arbitration  will  not  fail  to  observe  the  brc  idth  of 
this  rule. 

The  ports  or  waters  of  the  neutral  an;  not  to  be  made  the  base  of 
naval  operations  by  a  bellijierent.  W'ssels  of  war  may  come  and  ^o 
under  such  rules  and  re,i;idations  as  the  neutral  may  prescribe;  food  and 
the  ordinary  stor<'s  and  supplies  of  a  shij),  not  of  a  warlike  character, 
may  be  fninished  without  (pu\stion,  in  quantities  necessary  for  imme- 
diate wants;  the  moderate  hospitalities  which  do  not  infrin,i;e  upon  im- 
partiality may  be  extended;  bnt  no  act  shall  be  <h)ne  to  make  the  neu- 
tral i)ort  a  base  of  operations.  Ammunition  and  military  stores 
[108]  for  cruisers  cannot  be  obtained  there;  coal  *caiuiot  be  scored 
there  for  successive  supplies  to  (he  same;  ^•essel,  nor  can  it  be 
furnished  or  obtained  in  such  supplies;  prizes  cannot  be  brouj^iit  thei'O 
for  condenumtion.  The  re[)airs  that  humaiuty  demand  can  be  given, 
but  im  repairs  should  add  to  the  strength  or  eiliciency  of  a  vessel,  be- 
yond what  is  absolutely  necessary  to  gain  the  nearest  of  its  own  ports, 

Ju  the  sdnu;  sense  are  to  be  taken  the  clauses  relating  to  the  renewal 
or  augmentation  of  military  supplies  or  arms  and  the  recruitment  of 
men.  As  the  vessel  enters  the  iiort,  so  is  she  to  leave  it,  without  addi- 
tion to  her  ellective  power  of  doing  injury  to  the  other  belligerent.  If 
her  maga/iue  is  supplied  with  powder,  shot,  or  shells ;  if  new  guns  are 
added  to  her  armament;  if  pistols,  or  muskets,  or  cutlasses,  or  other 
iniplenuMits  (.f  destruction,  an  -'  ;it  'm>  board ;  if  num  are  recruited ;  even 
if,  in  these  days  when  steam  is  a.  power,  an  excessive  sui)i)ly  of  coal  is 
])ut  into  her  bunkers,  the  neutral  will  have  failed  in  the  performance  of 
its  duty. 

The  third  Kule  binds  the  neutral  to  exercise  the  same  measure  of  dil- 
igence as  required  l>y  the  lirst  liule,  in  order  to  i>revent,  in 
its  own  ports  and  waters,  and  as  to  all  i)ersons  within  its 
jurisdiction,  any  violation  of  the  obligations  and  duties  i)rescribed  by 
the  iirst  and  second  liules.  The  same  wakefulness  and  watcli- 
[109]  fulness,  ])roportioned  <"o  the  *exigenciesof  the  case  and  the  mag- 
nitude of  the  interests  involved,  that  was  required  by  the  first 
Hule,  is  likewise  required  in  the  perfornuuice  of  the  duties  ])rescribed 
by  the  second  llule,  without  which  the  neutral  will  have  failed  in  the 
performance  of  his  dr.ty. 

The  ex]M'ess  recognition  in  the  Treaty  of  an  o1)ligatiou  (in  case  the 
Tribunal  finds  that  Great  Britain  has  failed  to  fulfill  any  of 
her  duties  in  these  respects)  to  jiay  to  the  United  States  the  p^ .is'aL'n'lor'"™^ 
amount  or  amounts  that  may  bo  found  due,  "  on  account  of  the 
liability  arising  from  such  failure^-^  makes  it  uiuiecessary,  in  this  connec- 
tion, to  do  more  than  to  leter  to  what  has  already  been  said  on  that 
subject. 

The  doctrines  of  International  Law  which  have  thus  been  deduced 


Tlic  lliinl  Itiile   01 
tlu'  Tr.'iit.v. 


I 


"i-y 


\h 


72 


DUTIES    OF    A    NEUTRAL. 


It' 


1 1 


Foreiiuir,«vk»«,n  i\'o\\\  tlu^  pviu'tice  of  Grciit  Britain  are  in  liavmouy  witli  the 
iliTT  KuI'V'-'uI  vit'WH  of  tlie  best  imblicists.  The  diseiissions  betwe(!ii  the 
pubiui.i-.  ^^y„  Goveniinents  yrowiii},'  out  of  the  a(;ts  lierein  coiiiplained 

of,  and  unfoitiuuitely  nia(h^  iieeessary  by  the  uinvilliiif^iieHS  of  Great 
Britain  to  apply  to  tlie  United  States  the  isanie  nii'asureofjustiee  whieh 
was  applied  to  Spain  in  ISH),  to  I'ortnj^al  in  l.SL'7,  and  wiiieli  was  re- 
etived  l)y  Great  Britain  from  tlie  United  States  in  ITIKJ,  have  evoked 
the  conunents  of  many  writers  in  En<>iand,  in  Ameriea,  and  on  the  eon- 
tinent  of  I^nrope.  For  obvious  reasons  the  opinions  ttf  tiie  En};- 
lisli  or  Aineriean  *writers  favorable  to  their  respeetive  eountries —  [l"*^^] 
(as  for  instanee  Professor  Bernard  in  Great  Britain  or  President 
Woolsey  in  America) — will  not  be  reinarded. 

On  the  1:0th  of  3Iay,  IcSOi;,'  JNfr.  Adams  had  oeeasion  to  (piote  to  L<ml 
Eussell  the  opinion  of  Hautefeuille  :  "AVhat  the  oI)liiiation  of  I Ter  Majes- 
ty's Governtnent  really  was,  in  this  instance,"  he  said,  "is  so  clearly  laid 
down  by  a  distinj;uished  writer,  notoriously  disposed  never  to  exagger- 
ate the  duties  nor  to  undervalue  the  piivih\i:i,es  of  neutrals,  that  1  will 
ask  the  liberty  to  lay  before  you  his  very  words  :  '  Le  fait  de  (-onstruire 
nn  batiment  de  jiuerre  pour  le  compte  d'un  bellif;crant,  on  de  Tarmer 
dans  les  etats  neutres,  est  inu;  violation  dn  territoire.  Toutes  les  prises 
faites  par  nn  batiment  de  cette  nature  sent  ille,uitimes,  en  (piehpie  lieu 
«pi\>lles  ete  faites.  Le  sonveraiu  oll'ensi';  a  le  droit  de  s'en  eniparer, 
meme  de  force,  si  elles  sont  amenees  dans  ses  ports,  et  dVn  reelamer  la 
restitution  hnscpi'elles  sont,  eomme  cela  arrive  en  j;eneral,  eonduites 
dans  les  pons  hois  de  sa  Jnridiction.  11  ])eut  ef-alement  reelamer  le 
desarmement  du  batiment  illcj^alement  ania?  sur  son  territoire,  et  mOme 
le  detenir,  s'il  entre  dans  quehine  lien  soumis  a  sa  souverainete,  jusqnVi 
ee  qu'il  ait  ete  desarme."'^ 

*The  distinguished  l)r.  Bluntschli,  ])rolessor  at  the  University    [171] 
of  lleidelberf;",  in  his  i»amplilet,  entitled  '•Opinion  im- 
partiale  sur  la  (piestion  de  I'Alabama  I't  sur  la  maniere  de  la 
resoudre,"  reprinted  at  Berlin,  in  ISTO,  from  the  lievno  do  .Droit  Interna- 
tional,  says  as  follows  : 

"La  violation  des  devoirs  d'un  etat  ami,  <h)nt  rAnyleterre  so  rendit 
coui)able  lors  de  requipemeiit  de  I'Alabama,  fut  la  circonstance  la  plus 
eclatante,  mais  non  la  seule  dans  lacpielle  se  revelerent  les  disjiositions 
hostiles  du  youverneinent  anglais.  Jl  y  eiit  encore  d'autrt^s  croiseurs 
sudistes  dn  meme  genre.  Les  nombreux  coureurs  de  bloens  qui  traus- 
portaient  en  meme  temps  de  la  coiitrebande  de  guerre,  avaient  tons 
egalement  leur  origine  et  leurs  i)roprietaires  en  Angleterre.  I'artout  oil 
les  troupes  de  runion  tinirent  par  I'emporter  et  s'emparerent  des  places 
ennemies,  elles  tronverent  des  amies  anglaises  et  <les  canons  anglais. 

"Tons  les  faits  ainsi  allegues  n'ont  pas  la  meme  imiiortance.  Mais 
plusieurs  d'entre  eux,  si  taut  est  qu'il  faille  les  tenir  pour  avoues  ou 
prouves, — ce  dont  nous  n'avons  pas  a  juger  i<*i, — doivent  eertainement 
etre  eonsideres  eomme  eonstituant  une  iniraetion  aux  devoirs  d'un  etat 
ueiitre. 

"L'etat  neutre  qui  vent  garautir  sa  neutralite,  doit  s'abstenir 
d'aider  ancune  d(,'s  parties  bellige*raiites  dans  ses  o[)erati()ns  de    [172] 
guerre.     11  ne  pent  prefer  son  territoire  pour  permettre  a  I'uue 
des  parties  d'organiser  en  lieu  sur  des  enterprises  militaires.    11  eat 
oblige  de  veiller  tidelement  a  ce  que  des  pavticuliers  n'arment  point  sur 

'  Vol.  Ill,  pnjro  5:58. 

^  Ilant.L'fciiilli!.  Dl's  droits  ot  des  devoirs  des  nutioiis  ucutrcs,  (Paris,  1849,)  tomo  2"", 
pages  7U-bU. 


[173] 


[17.1] 


':  .>-T# 


DUTIKS    OF   A   NKUTRAL. 


73 


son  territoiro  «les  vai.ssoiiux  do  f^uorrc,  destines  }\  etro  livres  i\  unc  doa 
parties  belliph-antes.    (IJluntsciili,  Modernes  VillKrn-echt,  §  7(».'5.) 

"Ce  devoir  est  proclaiiio  par  la  science,  et  il  derive  taut  (lo  VUIC'O  do 
neutralitii  que  des  e<;ards  aux(iuels  tout  etat  est  iiecessairemeiit  tenii 
Clivers  les  aiitres  etats,  avcc  les(|uels  il  vit  en  paix  et  aiuitle. 

"La  neutralitc  est  la  non-}mrtic>paiion  A  la  {guerre.  Lorsqne  I'etat 
nentre  sontient  iiu  des  helliji'crants,  il  jtrend  part  a  la  ;;ueiic  en  laveur 
(le  (!elui  (pi'il  sontient  et  des  lors  //,  ccv.sr  d'clrc  iicutrc.  I /ad  versa  in^  est 
iiiitorise  a  voir  dans  cetto  i)articipation  un  acte  d'liostilite.  Et  cela  u'est 
,..is  seulenient  vrai  quand  Tetat  neutre  livro  lui  laenie  des  troupes  ou  des 
vaisseaux  de  ^"uerre,  niais  aussi  lorscpiMl  pretci  {\  nn  des  bellij^erants  un 
ai)pai  mcdiut  en  ])ernu'ttant,  taiuUs  qiCll  poiirrait  Vvinim-her,  cpu^,  de  son 
territoiro  neutre,  on  envoio  des  trouiM's  ou  des  navires  de  f>uerre. 
"Tartout  oil  Ic  droit  de  neutralitc  etend  le  cercle  de  son  application, 

il  restreint  Ics  liinites  de  la  j;iierre  et  de  ses  dcsastreuses  conse- 
[17.'3]    (piences,  et  il  *j>arantit  Ics  bicnt'aits  de  la  paix.    Les  devoirs  do 

I'etat  neutre  envcrs  les  hellif/enoilii  sont,  en  sultstancc,  Ics  nieiiics  quo 
cenx  de  I'etat  ami,  en  lemps  do  ptiix,  vis-avis  d<'s  autres  etats.  Aucuu 
(;tat  no  pent  non  plus,  en  tenii)s-  de  jmij;  pernicttre  (pie  Ton  i>rj;anise  sur 
sou  territoin^  des  agressions  contrc  un  clat  ami.  Tons  sont  obiijics  do 
veillcr  a  co  quo  leur  sol  ne  devienne  i)as  lo  point  de  «lcpart  d'cntreprises 
iiiilitaires  diriyoes  contre  des  I'tats  avcc  b'scpiels  ils  sont  en  ])aix. 

"Cos  devoirs  internationanx  universcis  sont  aussi  coiisacrcs,  dans  lo 
droit  public  interne,  par  les  legislations  anglaises  et  ainericaiiies.  La  loi 
anglaise  du  '6  juillet  1S19  contient  a  co  sujet  (art.  7)  la  disposition  sui- 
vante : 

"  ^And  he  it  further  enaeted,  That  if  any  ])crson  witliin  any  part  of  the 
United  Kingcioni,  or  in  any  part  of  His  Majesty's  Dominions  beyond 
liu^  seas,  shall,  without  the  leave  and  license  of  His  IMaJcsty  for  that 
purpose  first  l\iu\  and  obtained  as  aforesaid,  e([uip,  furnish,  lit  out,  or  arm, 
or  attempt  or  endeavor  to  equip,  furnish,  lit  out,  or  arm,  or  ])r()curo  to 
be  equipped,  lurnished,  fitted  out,  or  arnu'd,  or  shall  knowingly  aid,  as- 
sist, or  bo  concerned  in  the  equi]>ping,  furnishing,  littingout,  or  arming 
of  any  ship  or  vessel,  with  intent  or  in  order  tliat  such  ship  or  vessel 

shall  bo  employed  in  the  servi(;e  of  any  foreign  ])rince,  state,  or 
[171]    ]H)tentate,  or  of  any  *tbreign  colony,  i»rovince,  or  |)art  of  province, 

or  people,  as  a  transport  or  store-shii»,  or  with  intent  to  cruise  or 
commit  hostilities  against  any  prince,  state,  or  potentate,  or  against  tho 
persons  exercising,  or  assuming  to  exercise,  tho  powers  of  government 
in  any  colony,  province,  or  part  of  any  pro\ince  or  country,  or  against 
the  inhabitants  of  any  foreign  colony,  province,  or  part  of  any  province 
or  country  with  whom  His  INlajcsty  shall  not  then  be  at  war    .     .     .' 

"  Cetto  loi  d6fenil  incontestablemont  tout  appni  prete  en  cas  de  guerre, 
pen  importe  <iuo  los  parties  belligcrantes  soient  des  etats  etrangors  ro- 
coniuis,  ou  des  usur[)a tours  du  pouvoir,  ou  des  colonies,  ou  des  provinces 
revoltces.  D(mic,  le  gouvernemont  anglais,  en  permettant  intentionnelle- 
mcnt  ou  par  uiio  ncgiigonco  evidente, — alors  (ju'il  anrait  pu  et  du  I'em- 
pOchcr,— rcqnii)ement  de  I'Alabama,  a  meconnu  du  memo  coup  uu  devoir 
international  i\  ]'('gard  do  I'uniou  americaino  et  los  prescriptions  d'une 
loi  nationalo.  J'ar  cos  motifs  il  est  aussi,  d'apres  les  regies  du  droit  des 
gens,  resi)onsablo  envers  I'etat  lose. 

"  11  est  notoiro  quo  la  loi  anglaise  est  uno  imitation  do  la  loi  ameri- 
caino do  1818  sur  la  neutralitc,  hupu'llo  ne  faisait  elle-menio  que  reviser 

et  retablir  la  loi  anterieuro  de  1704.  Cost  memo  precisoluent  la 
[175]    question  do  I'equipemeut  de  corsaires  sur  *uu  territoiro  neutre, 

au  profit  d'une  partie  belligeraute,  qui  donna  la  premiere  impul- 


III 


>M 


74 


DUTIES   OF   A    NEUTRAL. 


^^ 


m 


r  :<  fs, 


eion  i\  ('('tt('](''j;isliili()n.  En  ITtt.'J  rAii^jictJM'i'c,  «|iii  (Haif  i\<'('<f(' ('pofpio  on 
giu'iic  iivcc  la  FiaiK'c,  se  i»lai,niiit  do  v\'  qiiVi  Mcw-Yoik  (»ii  cMiui[)at  (h's 
corsaircs  I'ranrais  pour  miiiv  au  coiiniHH'co  inaiitimc  anj^Iais.  Jic  J'rosi- 
<lfiit  Was!iiii'.;t(m  si'vit  avc'c  uik'  j^'iaiMlc  (''iii'i);i(>  coiilrc  cctd'  violation 
do  la  iiciitralili'  «'(,  nial;;iV'  la  syiiipathio  do  la  i>oi)idation  niiK'ricaiiio 
]K)nr  li's  Fraiirais,  iiialj,'ro  les  (hMiiarclics  do  raiubassadciir  IVan<;aiH 
(lonot,  il  lit  saisir  les  corsairos.  II  oiiiitooha,  th'  la  nu'-iiio  niaiiioic,  la  con- 
KtviU'tioii,  (II  (ii'-oi'^^ie,  d'nii  (•orsalic  dostiiit!*  a  ciitiavor  la  iiavi;^atioii 
IVanoaiso.  Dcs  doiix  cotos,  il  obscrvai  coiisc'iciiciou.sonitMit  ct  laisoiina- 
bloiiu'iit  les  dovoiis  d"iiii  ohit  iioiitro.  ot  dc'toiiiiiiia^  (iusiiite  lo  {.'oiiyroH  a 
roller  cos  do\oi)'s  par  voio  lo.i^'islativo,' 

"  Lo  niitiisfro  lilx'ral  C'aiiniiijj^  iiivo(|iia  dans  lo  ]»arloiMont  aii.^luis,  on 
1S2H,  (!otto  li()noral)lc  attitudo  do  Washinyton  pour  doloiidic,  do  scai 
i'oto,  la  loi  aiijflaiso  sur  la  noiitralitocontio  los  altacinos  d'li(»nunospolili- 
quos  ])assi()nos  on  <lo  ])arti('nliors  o.u'o'i'st os.'^ 

"L'opinion  du  niondesa\'antot  diinioiido  jiolitirinooclairo  ostprosipio 
nnaniino  ii  rooonnaitre  cos  prinoii)os,  «pio  1<'.  ponple  anioricain  ot 
son  ])rouiior  *Prosidoiit  ont  riionnoni'  d'avoir  i)roolanios  avant    [17(5] 
tons  Usantros,  dans  dos  textos  dv  lois  olairs  ot  forinols." 

jNIr.  liolin  .Tacquoniyns,  iu  a  notioo  of  the  ablo  troatios  of  JMoiintagno 
nr.iin.i„qi.n„iynH.  IJoniiird,  i)nblisliod  in  tlio  same  roviow  in  1S71,  says : 

"  J)ans  le  cas  spocial  do  I'Alabania,  M.  IM.  Dornard  insisto  sur  lo  fiiit 
quo  CO  vaissoiiu,  on  sortant  du  port  do  Livorpool,  n'avait  ni  nn  canon,  ni  un 
inousfiuet.  Jlro(;utdans  la  baio  do  Moiilfra  environ  quaranto  lionunos 
d'cquipajxcqui  lui  furont  anienosdo  LivorjiooljUiais  sans  aucun  niatcriol 
do  yuorre.  Cost  souloincnt  j1  Torooira,  uno  dos  ilos  Aooros,  par  con- 
sdquont  dans  les  oaux  portuj^aisos,  (pi'il  i'ut  rojoint  ])ar  la  barque 
Agrippine,  do  Londres,  ot  un  i)eu  jdns  tard  par  lo  stmmcr  ]jaliania,  de 
Livorpool,  qui  lui  anionorent  sos  olliciors,  son  arnuMnont,  los  habits  do 
I'equipago  et  un  supplement  <le  cliarbons.''  Un  fait  analogue  s'est  ine- 
sente  pour  les  corsaires  Shenandoah  ot  Georgia,  qui,  ogalenient  construits 
en  Angleterre,  en  etaient  ogalenient  i)artiK  sans  arnies  ni  oquiiH'nient. 
'  II  est  vrai,'  dit  I\I.  M.  IJernard,  (p.  382,)  '  (pie  rarnienient  fouini  u  cos 
vaisseaux  lour  fut  oxp(''di(3  do  diffCrents  ports  anglais,  clnuiuefois 
cvideniment  *eu  vortu  d'uu  concert  pr(^'alablo,  inais  c'est  ce  (jue  le  [177] 
gouvornement  anglais  no  savaitni  no  pouvait  savoir,'  et  plus  loin 
il  essaie  dY'tablir  la  tluXse  qu'un  gouveriuMuent  neutre  u'est  i)as  obligx',  en 
droit  international,  d'empecher  la  sortie  do  sos  ports  debatinionts  ayant 
rapparence  do  vaissi^aux  do  guerre  niais  desarni(js,  alors  nu''Mio  quo 
I'on  a  des  raisons  do  los  croiro  construits  ])our  le  service  d'un  dos  belli- 
gorants.    (V.  p.  385  et  pp.  3!)0  et  ss.) 

"II  nous  seiidde  quo  I'adoptiou  d'uno  pareillo  proposition  (^'quivaudvait 
il  I'indicatiou  d'un  nioyeu  facile  d'cHuder  la  regie  qui  diiclaro  incompa- 
tible avoc  la  neutrality''  d'un  pays  rorganisation,  sur  sou  torritoire,  d'ox- 
l)6ditions  militaires  au  service  d'un  dos  bellig(irants.  II  suttira,  s'il 
s'agit  d'uno  cntropriso  niaritiine,  do  fairo  partir  on  deux  ou  trois  fois 
los  (ilemonts  qui  la  constituent;  d'abord  le  vaisseau,  puis  los  hommes, 
puis  los  annes,  et  si  tons  cos  (;l(5inents  no  so  rejoigneut  que  liors  des 
eaux  do  la  puissance  neutre  qui  los  a  laiss(''s  partir,  la  neutralite  sera 
intacte.  Nous  pensons  quo  cotto  interpr(''tation  do  la  loi  internationalo 
u'est  ni  raisoiuiablo,  ni  (j(putable.  Sans  douto  il  no  faut  pas  demander 
I'impossible,  et  puisquc  lo  droit  international  actucl  n'ompticho  pas  les 

'  {Xoir,  dy  M.  liluiilnvliU.) — "  15KMIS,  American  NcitlfalUii,  Boston,  l.JljG,  p.  17  et  soq. 

^  (Xotc  by  M.  DUintwhli.) — "  I'liiLLnioui;,  Ink-rn.  Law.  Ill,  217. 

^  (Xote  hy'Mr.  Holin-Jacqiicmyux.) — "  Co  point  n'otiiit  pus  iielteinoiit  indiciud  dans  lii 
version  (lonntie  par  M.  iSmuncr,  V.  t.  I,  p.  45'i,  rtc  la  licviiv,  ainsi  quo  Tarticlo  do  M. 
Bluutschli.  V.  ausai  les  pu]jlications  citdes  plus  liaut  do  MM.  Esi'Kitsox  et  Pii;uantoni. 


fl78J 


'  "  M. 

-  (Xote 
^■(^ssel  is 
under  a  c 

^  {Koto 
order  to  1 
dos  (Stats 
that  opp( 

<  (Note 

NAltD,  p. 


DUTIES    OF    A   NEUTRAL. 


76 


iicutres  (Ic-  lu'vmctti'o  X  Iciii's  snjcts  rcxpoflntion    (riiriiics   ct  (!<>  mil- 

iiilions  (1(1  jrii('iT(i  a  riisnj;(i  des  l»t'Ili;;(''raiits,  on  iic  ])v\\t  cxijicr 
[17SJ    (|ii('  Toll   !irn't(i  Ics   iiniics   dans   h'.    ims   doiit    il    *.s'a};it.      Mais 

(!('(tc  tolciiiiico  n'cst  (iii'iiiK!  I'aisoii  d(i  ]tlns  jioiir  sc  laoiiticr 
s(!nii>nh'ux  il  ri';:;ar(l  dcs  vaisscax  ct  dcs  lioiinucs.  La  (',()iisid('Mali(m 
(juc  la.  i'rando,  iiu'ino  coiiliiK'-c  dans  ccs  liinitcs,  sera  cncnrc  piidi- 
cabh',  que  Ics  lioniUK's  )K.mn'on(  ('tic  iionunalcnK'nt  iMi;;n,!4(''S  pour  un(i 
(Icstinatioti  i)a('ili(iup,  que  la  dilli'icncc  ciitro  Ics  vaisscau\  ^\^^  {i'ucrro 
I't  ccax  dc  (!oinin('i'cc  no  w  ivconiiail  ])as  tonjours  i\  dcs  ('ara('t(Mvs 
(ci'tains,  i)(}ut  scrvir,  dans  Ics  cas  particidicrs,  a  cxcnscv  on  a  Jiistilicr 
111  condnitc  du  {jjouvcrncnicnt  ncntic  (|im  sc  laissc  Iroajpcr  anx  appa- 
I'cnci's.  i\lais  dans  rcsp('('('  ccs  niolil'sdc  jnstilicalion  on  dVxcnsc  n'cxis- 
tent  ccrtaincnicnt  ])iis.  Jlicn  (pic  TAlabama,  n'ail  vXv  aiin(''c  ni  d;ins  la 
Mersey,  ni  dans  la  haic  dc  Moi'ltVa,  il  est  eei'tain  (pie,  di's  Ic  l!!  Jniii 
(plnsd'nn  inois  avant  son  d<'ipai't),  M.  Adams  avait  inlbi^nu'  oilieielleinent 
Lord  Itnssell  (pi'nn  nonveaii  ct  i)nissant  Nlcumcr  vUnt  pret  a  (jnitter 
Liverpool,  dans  le  dessein  manileste  d(^  servir  a  la  {incrre  maritime,  et 
(pie  les  ])arties  inti''ress(''es  dans  reiitreprisc  ('taient  des  personncs  bicn 
eonnnes  a  Liveipool  (^oinmc  af^cnts  ct  olli(aers  des  inslu•J^(^s  siidistes.' 
11  est  certain  (pic,  Ic  HI  Jnillet,  eonimc  Ic  colleeteur  ct  les  autoritiKs  des 
doiianes  avaient  i)r('!ten(lii  i]c  i)oiivoir  a;;ir  sur  des  rciisei^iiicments 

vajiiies,  le  consul  des  Ktats-llnis  Icnr  remit  six  al'lidavits,  ot  (jiic 
(170J    le  U.'i  jnillct  il  lenr  en  remit  *dciix  antics;  que  trois  de  ccs  doeu- 

ineiits  (Maient  les  d(''positions  de  marins  ciij;afi,es  a  Lord  de  I'Alu- 
l)aina,et attestant  coinme  chose  notoire  '(pic  le  vaisscaii  (Hait  nii  vaisseaii 
do  (!onibat  («  Jif/liihifi  tcnscI),  constrnit  et  aiiu''naj4('5  cominc  tel,  avec  do 
}>'randos  qiiantit(\s  de  ]>on(lre,  de  cliarbons,  et  (le  ])rovisi()ns;  (jno  le.s 
d('])Osants  a\'aieiit  Ot^'  cnriMcs  ])ar  des  ])ersonncs  bieii  eonnnes  comme 
iijjents  (les  l!itats-C()nlc(l(''rcs;  (pi'ils  n'avaicnt  i)as  encore  d'artieles  ibrinels 
(lVn/,fa;4;einent,  mais  qii'il  ("tait  ^('iKM-alenient  sii  a  bord  (jiie  le  vaisseau 
(Halt  nil  corsaire  dii  fjonvernement  ledcM-al,  destine  a  eoinbattre  les 
Ktats-Unis  en  vertii  d'nnc  commission  dc  ^l.  .Ictlerson  Davis.''  Un  dcs 
marins  ajoutait  (.'cttc  d('H;laratioii  caracti^ristiqms  (pi'il  avait  (He  dcyii 
capture  coinme  eonrenr  de  blocns,  ct  (p'c  son  idcie  lixe  (Hait  dc  rctourncr 
dans  le  snd  'i)onr  sc  vciiju'cr  snr  les  j^ciis  dii  noril  dc  ce  qii'ils  Ir.i  avaient 
]»ris  ses  habits.'  On  lui  avait  promis  (pie  cette  occasion  ne  tarderait  pas 
a  se  pr(r'scntcr.'' 

"A  cos  aflidavits  (Haitjointo  iinc  consultation  iMnaiKJC  d'liu  dos 
[ISO]     ])icmicrs   avocats  d'Aii,;; Icteric,  *iM.  Collier,  hnpU'V,  snr  lo  vu  des 

))icccs,  (^'inettait  Topinion  (pi'une  violation  dii  '■Foreign  Enlistment 
Aet^  etait  titablic,  ct  (pic  lo  (!olIecteur  des  douanes  avait  lo  droit  ot  lo 
devoir  d'arrcter  lo  \aissean. 

"Six  jours  encore  sY'coiilerent  avant  lo  rapport  des  Jnrisconsultes 
ofliciels  (law  officers).  Co  I'lit  le  2d  Juillct  s(Hilement  (ju'ds  conoluront 
(''Piiilomoiit  a  CO  que  le  ^•aisseau  i'fit  anct(''.  Mais  lo  2S,  le  corsaire,  avcrti 
qu'on  allait  rompeclier  do  parlir,  so  luitait  do  (piitter,  f/»«/>'t' joHr.s- j;Zhs 
tot  qu'il  ne  sc  Vetait  propone  lo  bassin  oil  11  so  trouvait,  ot  le  2!)  11  pronalt 
la  mer.^    Copeiidant  il  no  quitta  les  oaux  aiij>laises  quo  le  31. 

'  "  M.  BioiiXAitD,  ]..  ;{:',<). 

-  {2<otc  b<j  Mr.  L'nliii-Jacqiumijiifi.) — '" '  It  is  well  known  1(y  the  hands  ou  board  tliat  the 
vtNSscl  is  il  pri^•ilt(i(!l•  lor  tliir  coulcdiu'ato  j'tovcrnincnt  to  iict  against  tlio  United  States 
luuler  11  con: mission  IVom  Mr.  .Ii'H'crson  Davis.    Atlid.  No.  1,  IJhunaim),  p.  ;5til{. 

'■'{Note  1)1/ Air.  ]ioliii-Jaajiicm>j)ix.)—"AiVn].'^o.S,i).'.\6d.  'I  waiiUd  to  j^et  Sontli  in 
order  to  have  relaliatioii  of  tlu!  Northerners  for  robbing  nio  of  my  clothes.  He  [I'agcnt 
des  6tats  du  snd]  said  that  if  I  went  Avith  him  in  his  vessel  I  shonid  very  shortly  lauvo 
that  opportunity.' 

*{Kotebij31r.]ioUu-Jacq)icmijn8.)—"AfRila\'it  do  Clarence  Youge,  cit<5  par  M.  I3ku- 
NAKD,  !>.  345,  en  note. 


1; 


lu 

'■•••it  ,,, 

^  J'  'i 


\ 


7G 


DUTIES   or   A   NKUTUAL. 


i 


t'.:\ 

♦■I 


H..I 


"^r.  rii'iiiard  no  rn»it  i>iis  quo  la  sorti<^  do  I'Alabiima,  olVcc^tnoo  <lnns 
cos  ('iiToiisrancoH,  siillio  pour  Jiistilior  riinputution  «l(^  /aulc  fjnirv  «lo 
coufHthlf  iKylificHcc  i\  111  cliar.Lfo  tlu  fiovoinoiuout;  aiij;Iais.  II  couviont, 
loutolois,  (|U(>  ni  un  An;;lais,  tii  uu  Aiiiciicaiii  u'ii  ]K>ut-oti'o  l(>  droit 
d'avoir  sur  cctto  <|Ui'stioM  unc^  (^onllarico  iiiiplioito  dans  son  jiropio  Jiiyo- 
niont.  Mais  il  no  V(»it  pas  «'o  «|in  roinpoclioiait  iU''  diio  «pu^  racciisation 
liu  ]>ai'ait  h'yh'c  ot  (Inuiinonnnhli:  (^nant  u  nous,  nous  no  voyons  j)as 
ooniniont  il  sciait  possiblo  A  (iuol(pi'un<pn  n'ost  ni  An;;lais,  id  Ainoricain, 
do  partaf;or  colto  patiiotitpu-  indnl^fonco." 

*Mr.  Thoodon?  Ortolan,  of  tlu^  Froncli  navy,  tVoin  Ids  praotical  [LSI  | 
oxiK'rionoo,  as  woll  as  I'roni  Ids  tlioorotltsd  kno\vlod;,fo 
and  Ids  ld;,di  ropntalion  as  a  pnl)li('ist,  is  roooyni/.od  as  a 
vritor  of  authority  on  tJiosci  subjocts.  In  a  lato  edition  of  ids  jyqtlo- 
made  <lc  la  mcr^lio  discaissos  ilwi  sul>i«'(;t  of  uoutral  oblij;ations  witli 
s|)ooial  rolorcnco  to  tlio  diiVoronoos  botwoon  Clroat  IJritaiu  anil  tho  IJnitod 
iStatos.     He  says; 

"Si  Ton  suppose  un  naviro  eonstruit  sur  lo  territoiro  neutre,  non  pas 
stu' eotninande  d'un  belli;;t''ranl,  ou  i)ar  suite  d'lui  trade  oslensil)lo  ou 
dissinude  avee  ce  l)elli;n('rant,  nuns  «>n  vuo  d'un  dessin  <piel('on(pu',  soit 
do  navigation  conjuiereialo,  soit  lout  autre,  et  (pio  ee  naviro,  dojil  par 
lui-inenie:  ]»ropre  i\  la  guerre  ou  do  nature  a  etro  eonverti  i\  eet  usage, 
une  I'ois  scati  des  ports  do  la  nation  neutre,  soit  v(^ndu,  dans  lo  ooursde 
sa  navigation,  oecasionnolleinent,  a  Tun  des  belligorants,  ot  so  nnitto  a 
naviguor  on  destination  direeto  iK)ur  oo  bolliger-'nt,  un  tel  naviro  dans 
do  tolles  eir(!onstanees  tond>o  uni<pieuu'nt  sous  us  ooup  des  regies  rela- 
tives a  la  oontrebando  d(^  guerre.  11  est  sujet  a  etro  arreto  ot  eoiitisquo 
par  I'lriinend  tpd  pourra  sVn  eniparei',  niais  sans  cpfauoun  grief  <lo  vio- 
lation des  devoirs  do  la  neutralito  puisso  sortir  do  co  fait  (tontro 
lY'tat  neutre  i)our  n'avoir  i)as  defendu  h  ses  *nationaux  do  tolles  [182] 
ventes  ou  no  los  avoir  i)as  reprinioes.  C!'ost  uno  operation  do 
trade  <jui  a  ou  lieu,  tralio  do  eontrebando  tie  guerre,  dont  aucuno  circon- 
stanoe  [larticulioro  n'ost  veiuu',  ehanger  lo  oaractere. 

"Tel  fut,  en  I'anneo  ISOO,  lo  eas  du  naviro  anidri(!ain  lo  lirutus,  cap- 
ture ])ar  los  Anglais  ot  juge  do  bonno  priso  i»ar  la  cour  d'aniirauto 
d'llaliiax. 

#  #  4i<  «  «  #  « 

''  Mais  la  situation  oliange,  la  eontrebando  de  guerre  n'est  jdns  la  <pu's- 
tion  prinoipale,  tl'autres  regies  du  droit  des  gens  intorviennent  et  niodi- 
fient  prolbndeuiont  la  solution,  si  Ton  sjijiposequ'd  s'agisso  debatinioids 
do  guerre  construits,  ariuds  ou  equipes  sur  un  territoiro  neutro  pour  lo 
conii>to  d'un  belligdrant,  par  suite  d'arrangeinent  i>ris  a  l'avan<!0  avec 
lui,  sous  la  forme  (I'un  contract  cQuunorcial  (luolconque:  voide,  couunis- 
sion,  louage  d'industric  ou  do  travail ;  que  los  arrangements  aient  etu 
I)ris  ostonsibloment  ou  qu'ils  lo  soiont  d'unc  mauiore  secrete  ou  deguisdo ; 
car  la  loyaute  est  irue  condition  esseidiello  dans  la  solution  des  difticultds 
intornationales,  et  sous  le  convert  do  fausses  apparaucos,  11  laut  tou- 
jours  aller  au  fond  des  chosos.  II  y  a  ici,  incontestablement,  une  socondo 
|liyp()tlieso  <iii"il  importo  ilo  dislinguor  soigneusement  do  la  i)rece- 
deute. 

"  Xons  nous  rattaclierons,  pour  rdsoudro  en  *droit  des  gens  los    [183] 
diflicultes  quo  presonto  cotto  nouvello  situation,  j\  nn  principo 
nniversellement  etabli,  qui  so  formule  en  co  pen  do  mots :  '  Inviolabilitd 
du  territoiro  neutre.'    Cette  inviolabilito  est  un  droit  pour  I'dtat  neutro, 

}  atteint  par  los  faits 


pas 


guerr( 


'  Diploniatio  de  la  mer,  tomo  2,  page  208. 


h    J: 


DUTIES    OF    A    NKUI'RAL. 


77 


('11(>  iiuposo  inissi  A  co  iiirmc  «'t;it  lu'iilrc  ii'iic  rtroito  oblij^iitioii,  cello  do 
lie  |>iis  pciiiictfrc,  ('('lh>  (rciiiix'clici',  iictivciiiciit  iiii  iK'soin,  l\  iiiploi  dc  vo 
tt'iiitoirc  i»iir  riinc  <l('s  imitics,  on  uit  prollt  <lo  ruiu!  doa  jiartics  lu'Uiyd- 
riiiilcs,  diiiis  nil  Imf  liostilc  A  riuidc  icii'lic. 

"  I,(>s  piihlicisfcs  en  cK-dil  lie  loiit  imciiii  tloiitc  poiii-  co  (jtli  (MHici'l'liO 
I'aniKMiiciit  ct  lV'(niip('iiit'iif  diiiis  iiii  port  iiciitrc^  (Ic  l);iliin('iitH  dc  <j;ii('n'o 
destiiM's  i\  iicci'oitr*'  Ics  luiccs  dcs  licllij^c'riiiitM.  lis  s'iiccordciit  ]MHir  lo- 
cDmiiiilrcl'illi'^iditc  <U'  (•('siiriii('iii('iitH()n('(piip('iii('nt.s,c(»iiiiii(!  uiu'  inlVaC' 
tioii  iU'  lii  i)iiit  do  IVtat  iH'iUit'  (jui  Ics  tolcrcniit  mix  dcvoir.s  do  la  luni- 
tridilc. 

"  N'cs(-il  ]>as  •'•vidcnt  (pi'll  cii  doit  Hiv  dc  memo  a  J'orihf't  dc  la  coii- 
sfriictioii  (\v  parcils  haliiiicnts,  lorsipic  i'cttccoiistnictioii  a  lieu  dans  Ics 
coiiditioiis  picviics  en  noire  seeoiide  liyotlicse  V 

TIk^  attention  of  Italian  Jurists  and  publicists  lias  also  been  attracted 
to  the  discussion.     A  learned  and  exhaustive  ]»anipldct  appcai'cd 
[ISIJ    at  I'Morcnce  in  l.S7(MVom  the  pen  of  Proi'essor  l'ici*antoni.     ^\'itll• 
out  flaiminji'  the  cxtrcuu'i  ii.!nhts  \vhi(!h  this  learned  f-'cntlcniau 
<'(>nccdes  to  them,  the  Kidted  States  invite  the  attention  of  tl»c  Tribu- 
nal of  Arbitration  to  the  I'ollowinj;'  expression  of  opinion  : 

"  Dopo  che  nella  se/.  XXI  I,  il  |irofessor  di  I'avia  sosticno  clio  lie  il 
!4(>verno  inylesc  nc  yli  altri  ^((verni  debbano  assiuncre  la 
^nnidica  rcsponsabuita  delle  d<i»reda/.ioni  commessc.  dai 
corsari  sei)aratisti,  nella  se;;uentc  s«'/.  XXIH,  passa.  ad  csaminaro  il 
sccondo  suo  assunto:  sc  la  n<Mdralita  fit  violata  dalla  (Iran  IJrctajjiui 
per  la  (U)struzionc  dell'  Alabama,  Icj-iu)  corsaro,  o  i>el  (M)nsentito  arma- 
iiiento  iiei  cantieri  inglcsi.  JOj."ii  in  brcvi  termini  (diiaimi  I'liif^hilterni 
r('s])()nsal)ilc  dci  soli  danni  caj;i<>nati  dalle  dcpredazioni  d<'l  detto  Icfjfiio, 
scrivenilo  :  '  Di  (picstc  perdite  soltanto  devo  lispondcn^  il  fjfovcrno  bri- 
tamiico,  ]»er  esscre  le  nu'desinu'  una  consoyucuza  immediata  di  im  fatto 
illejj[ittimo,  chc  ebbe,  luojio  da  sua  i)arte,  violamlo  apertamcnte  Ic  k'ggi 
della  neutrality.' 

"  lo  non  i)osso  a(!conscntire  a  quosta  mite  conchiusiono,  auzi  mo  no 
diseosto  i)cr  considerazioni  di  fatto  o  di  diritto.  In  linoa  di  tatto,  io  non 
intcndo  come  il  chiarissimo  autore  cscluda  lo  altro  specie  di  otiose,  die 
11  Hunuier  ed  il  suo  jioverno  adducono  diavcrpatite  dalla  naziono 
f  185]  amoricana  (.v/c.)  Xella  csposiziono  doll'ar};'onu'nto  ho  citato  *i  tr© 
capi,  nei  quali  liassumo  il  Summu'  la  scri^^  delle  otfese  j)atito.  II 
caso  del  vascollo  costrutto  a  Livoi'i)ool  c  il  piujjfiave;  ma  {;Ii  Amerieani 
sostenji'ono  clu^  avvonnoro  altri  simifj;lianti  casi,  e  sino  a  prova  contraria 
non  o  iecito  circoscvivore  il  niimero  (lei  fatti  adtlotti  come  otlonsivi. 

"  In  diritto,  io  mm  so,  elie  in  questa  seconda  parte  lo  scrittore  non 
I'icorre  ad  alcuna  dimostrazione  dottrinale,  i)erchc  eyli  limiti  le  conse- 
ji'uonze  della  violata  neutrality  al  semplieo  rifaeiniento  de'  danni  eagio- 
luiti  dal  legno  corsaro. 

"I  principii  della  neutralitti  soltanto  aecennati  dimostrano  pin  grave 
la  responsabilitii  del  governo  clio  la  violo.'" 

Lastly,  the  United  States  cite,  for  the  considt^ation  of  the  Tribunal, 
the  authority  of  Lord  Westbnry,  Loi'd  High  Chancellor  of 
England  during  the  rebellion,  who,  on  the  7th  day  of  March, 
18(58,  in  a  discussion  in  the  House  of  Lords  on  these  questions,  said : 
"  There  was  one  rnle  of  conduct  which  nndoubtedly  civilized  nations 
had  agreed  to  observe,  and  it  was  that  the  territory  of  a  neutral  should 
not  be  the  base  of  military  operations  by  one  of  two  belligerents  against 

'  La  Qiu'stimie  Aiiglo-Ainoricaiia  doll'  Alabiiina,  per  I'Avv.  A.  riorantoni,  Firouze 
1*^70,  pagi'.s  4l)-7. 


I<orJ  AVeslbury. 


■nJr 

> 


78 


DUTIES   OF    A    NEUTRAL. 


€ 


Ve.-M.l: 


the  other.  In  speakinji;  of  the  biise  of  operations,  he  must,  to  Ji  certain 
de<<i'ee,  differ  I'roni  the  nohUi  einl,  [Eail  KusselL]  It  icas  not  a 
question  ichdlter  armed  shtjiN  *liad  actuaUy  left  our  filiores  ;  hut  it  was  [180| 
a  question  irliel her  siiipH  with  a  rieio  to  war  had  itcen  built  in  our 
ports  Inj  one  of  two  beUifierents.  They  need  not  hare  been  armed  ;  but  if 
iheij  had  been  laid  doirn  and  built  with  o.  view  to  warlike  operations  by  one 
of  tn-o  billigerents,  and  this  was  Inowinfily  permitted  to  be  done  by  a  n.'u- 
tral  Power,  it  was  unquestionably  a  breaeh  of  neutrality.'''^ 

The  public  and  olhcial  acts  of  other  European  (Jovernnients  have 
also  been  in  harmony  with  the  princij»le.s  which  are  <;lainie(l  inthispa[)er 
to  have  been  violated  by  Great  JJritain. 

During-  the  war  between  Si)ain  and  tiie  Si)anish-Auierican  Coionie.i, 
Pw.hi,  the  (ioverunient  of  iSweden  sold,  in  the  ordinary  course  of 
conunerce,  to  son)(i  private  individuals,  some  vessels  of  war, 
after  first  dismantlinj^-  them  of  their  armament,  and  reducing-  them  to  a 
much  less  formidable  condition  than  the  Alabama,  was  in  when  she  left 
Liverpool.  Some  of  the  correspondence  which  took  place  between  the 
Spanish  ]\rinister  at  Stockholm,  the  llussian  JMinister,  and  the  Swedish 
(lovernment  may  be  Ibuinl  in  l)e  Marten's  Causes  Ce'.i'bres,  Vol.  5,  pag(i 
'2:'A),etseq.  A  good  m«(Ht'of  the  whole  case  may  be  found  in  ]3e  Cussy,- 
to  which  the  United  States  invite  the  attention  of  the  Tribunal  of  Ar- 
bitration in  full,  as  Ibllows  : 

*"  J)ai's  Tannee  I8i'(»,  le  roi  de  Suede  i>rit  la  resolution  de  faire  [fST] 
vendre,  (juand  Toccasion  s'en  i)resenterait,  quehpies  br>timents  de 
guerre  dont  hi  construction  reiuontait  a  ])lus  de  vingt-cinq  ans,  ordon- 
iiant  d'ailleurs  de  les  remplacer  immediatemeiit  par  des  batiments  nou- 
veaux  en  appliquant  aux  frais  de  construction  de  ceux-ci  le  i)roduit  de 
la  vente  des  prenners:  le  but  et  les  intentions  du  roi,  en  cette  circon- 
stance,  dtaient  de  rendre,  an  sein  de  hi  paix,  quelque  activite  aux  chan- 
tiers  de  la  marine  royale,  par  la  construction  de  cinq  ou  .six  vai.sseaux 
de  guerre. 

''  La  Suede  lit  proposer  a  I'Espagne  d'acheter  ces  batiments,  taut  par 
I'intermediaire  de  j\I.  do  JNIoreno,  envoye  de  l.i  cour  do  Madrid,  ii  Stock- 
holm, quo  par  celui  de  i\L  do  Lori<;hs,  charge  d'affaires  de  Sa  I\Lajeste 
suedoise  aupres  du  gouvernement  do  S.  M.  catholique.  Lc  ndnistere  fit 
egalement  proposer,  en  meme  temps,  a  la  cour  d'Espagne  de  lui  coder, 
i\  dcH  prix  moderes,  de  la  ])oudre  et  des  projectiles,  et  do  niettre  les 
chantiers  de  la  n»arine  royale  de  Suede  <\  hi  disposition  de  S.  M.  catho- 
lique. 

"  La  cour  do  iladrid  ddclina  ces  proi)ositions  divcrses :  I'Espagne  i)os- 
8^'dait,  repondit  M.  de  Moreno,  tons  les  elements  necessaires  pour  la 
fabrication  de  la  poudre,  et  uu  nonibre  sutUsant<le  vaisseaux  do  guerre; 
I'argent  seal  nianquait  pour  mettre  en  activity  les  moulius  ii  poudro  et 
pour  ravitailler  les  batiments. 

♦"'Le  ministro  do  la  marine  de  S.  M.  suedoise  avisa  done  aux  [18Sj 
moyens  necessaires  pour  trouver  des  acqueryurs.  Six  vaisseaux, 
fort  bons  encore,  bien  que  kmu*  coiistruct'on  reniontat  a  25  et  30  ans, 
furent  declares  reformes,  et  leur  veuto  fut  anno:  .,ee  ;  c'etaient  le  vais- 
seaii  Fiirsifjtifiheten  (la  Prevoyance)  etles  fr6gates,  fUurydiec,  la  Gamillc, 
la  Manliyheten,  le  Chapman,  etla  Tapperhetcn. 

'' Avant  de  proceder  a  la  vente,  qui  eut  lieu  an  commencement  de  I'an- 
nee  1825,  le  niinistre  suedois  lit  renouveler  hi  proposition  d'aehat  des 
dits  batiments  au  chargd  d'affaires  d'Espagne  qui  se  trouvait  cncpre,  a 
cette  c'po(iue,  a  Stockholm,  ainsi  qu'i\  son  successeur  M.  d'Alvarado. 

I  Iliuisurd,  :?(t  scrii's,  Vol.  CXCI,  pa-ros  ;?4G,  :?J7. 
'■'  Do  CiiHuy,  Dvoit  Miirilimt',  toiiio  2,  piijjo  40;J. 


\VM)] 


DUTIES    OF    A   NEUTRAL. 


70 


a  cortiiin 
t  a 

ms    [ISO] 

nir 

ul ;  hut  if 

nnn  by  one 

by  a  lU'u- 

cuts  llilVl' 

tliispiiptT 

Colon  ii'.i, 
course  of 
_>ls  ot'  war, 
tliem  to  a 
Ml  slio  lot't 
twocn  tlic 
D  iSwedisli 
:)1.  5,  pajio, 
)e  Ciissy,^ 
lal  of  Ar- 


[IS 


iiro 
sdo 
us,  ordon- 
IKMltS  iiou- 
|)roduit  do 
tte  circou- 
aux  cluiu- 
vaisseaux 


,  taut  par 
il,  51  Btock- 
»ii  I\Iajest6 
iuistere  fit 

liii  cedcr, 
luettre  les 

M.  catho- 

pague  pos- 
es pour  la 
do  guerre; 
1  poudro  et 

aux    [188] 

jaux, 

et  30  aus, 

'ut  le  vais- 

la  Caniillc, 

iMit  de  I'aii- 
I'achat  dt's 
it  cii(!Qre,  a 
v^arado. 


"  Siir  lo  rcfus  do  la  logatiou  ospiguolo  d'eutrer  cu  uegociatiou  pour 
1  acquisition  dos  bai  itueuts  dcsigues,  lo  gouvornoiiu'ut  sucdois  accepta 
los  offrcs  quo  iui  iit  la  luaisou  do  couuneico,  otablio  a  iStockboliu,  Mi- 
<!lia('lson  ct  r>eiiodu;ks;  ccllo-ci  i»oii  apres  coda  los  baliiucuts  doiit  clle 
avait  I'ait  I'accpusition  a  la  inaisou  auglaiso  Barclay,  llorriug,  Kicliard- 
sou  ct  C",  do  Londros. 

"Or,  <!otto  (jcrnicro  inaisou  ayaut,  ainsi  quo  la  maison  Goldsniitli,  do 
Londros,  founii  los  I'ouds  deroinprunt  contiacto,  pen  do  temps  avant,  par 
lo  jMoxi([uo,  l'I*]spagiio  crut  locoiinaitro,  dans  la  circonstauce  do  I'achat 
d(\s  biltinuMits  rt'fornics  fait  par  la  maison  IJarclay,  Herring,  IJicb- 
[189]  ardson  ot  *C'",  dos  mains  do  la  maison  do  Stockholm,  uno  inten- 
tion do  shnulatioii  ayant  iiour  but  d'oloigiier  la  peusco  quo  la  gou- 
vernomont  suedois  otait  i'iformo  ((luand  il  accejita  les  ofiVes  d(!  la  maison 
i^Iicliaelson  et  I>oiiedi(,'ks,  d(5  Sto'-kholm)  do  la  destination  qui  serait  pro- 
chainemeiit  doiinoe  aux  vaivsseanx  do  guerre  vendus  par  le  ministre  do 
la  inarino. 

"Pour  31,  d'Alvarado,  charge  d';iiTaires  d'EsjJagne,  il  no  seiublait  i)as 
doutenx  quo  les  batiments  aclietes,  dans  lo  jtrincipo,  par  la  maison  IMi- 
chaelson  et  IJenedicks.  pour  passer,  pen  do  temps  apres,  entre  les  mains 
do  la  maison  IJarclay,  Uerring,  llichardson  et  Oom]>agnio  qui  so  trou- 
vait  en  reli'.tions  d'ali'airivs  d'argent  avec  la  colonie  revoUec,  etaiont  des- 
tines a  renforcer  les  armements  niaritimes  des  insiirges  do  I'Ameriquo 
es])iignole. 

"■  C'est  dans  cotto  conviction,  fondee,  disait-il,  sur  la  notoridto  jm- 
hlicpio  a  Stockholm,  a  Carlscrona,  a  Gotlienbourg,  et  a  Londros,  quo  j\L 
d'Alvarado,  dans  la  note  <pi'il  addressa,  lo  I'^'Juillot  1825,  a  M.  lo  comte 
de  Wetterstodt,  ministro  des  alVaires  <3trang6res  do  Suede,  et  par  hnpioUo 
il  faisait  appel  a  la  loyauto  do  S.  M.  suedoise,  dont  la  religiou  avait  sans 
douto  etc  surinise,  conjura  lo  goiiverneiuent  dii  roi  de  resilier  les  cou- 
trats  do  vento,  ot  avant  tout  do  retenir  dans  ses  ports  (luatre  des  bati- 
ments vendus  qui  s'j'  trouvaiont  encore. 
[11)0]  "  Dans  sa  reponso  an  charge  d'albiires  d"Es*pagne,  le  ministre 
suedois  declara  que  si  lo  gouvernement  do  S,  i\L  suedoise  avait 
vendu,  j\  des  nogociations,  quolques  vaissoanx  <le  guerre,  qu'on  avait 
jngo  a])roi)OS  de  leiormer,  en  so  reservant  d'ailleurs  la  moitio  de  I'ariae- 
mont,  il  n'avait  lait  qu'exercer  sou  droit  cpio  personne  no  jiouvait  Iui  coa- 
testor.  '  Son  a(;tion,'  coutinuait  le  ministre,  '  s'arreto  la ;  et  si  M.  d'Alva- 
rado pout,  ou  croit  pouvoir,  prouvor  quo  les  acquereuis  out  I'intentiou 
do  I'airo  de  cos  batiments  iin  usage  qui  ])Ourrait  devenir  nuisible  a  I'Es- 
pague,  (i'est  aujires  du  g(niv''ruement  britanni<pi(?  que  sa  cour  doit  agir, 
Iui  soul  j)ouvant  exercer  si'r  ses  sujets  la  surveillance  (jui  Iui  couvien- 
dra.  Mais  vouloir,  sur  do  si'uples  presomptions,  arroter  une  vcnte  dans 
la  crainic  iriiii  (latujer  a  vcnir^  qui  pourruit  en  rcsulter,  ce  serait  aneautir 
I'activito  et  lo  developpemeut  de  toutes  les  transactions  commerciales.' 
"A  la  suite  do  diverstis  notes  echangees  entre  lo  ministro  suedois  et 
M.  d'Alvarado,  qui  obtint  des  onvoyes  des  puiss;inces  amies  et  alliees  do 
I'Espagno,  rdsidaut  {\  Stockholm,  d'appuyor  ses  reclamations,  lo  gou- 
vernement do  S.  M.  le  roi  do  Suede,  voulaut  donner  un  tdinoignage  do 
la  bonno  loi  qui  I'avait  guide  dans  touto  cotto  atlaire,  conseniit  a  resilier 
les  contracts  do  vento  (pii  avaient  etc  i)asses,  en  dernier  lieu,  a  I'occa- 

sion  do  la  Prevoi/anve,  de  I'Enrydkc^  et  do  la  Camille. 
[191]        *"Cette  resiliation  entraiua,  pour  lo  gouvernement  suedois,  uno 
perto  d'argent  assex  considerable,  (lue  I'on  a  evaluee  a  plus  de 
C0,000  Iraucs. 

"  Les  membres  do  I'opposition,  dans  la  dieto  tenuo  en  1828,  chercherent 
^  dtablirque  la  gouvernement  du  roi  avait  violc  la  constitution,  (eternel  et 


m 


r.  m 


If 
i 


f: 


T 

'''•ft; 


80 


DUTIES    OF   A   NEUTRAL. 


banal  ai'i>iunont  dctoutos  h^f^iopposUionn  dans  tons  los  pays!)  non-scmlc- 
nient  i)()ur  avoir  vendu  dos  batinients  do  la  mariiio  de  IV'tat  sans  avoir 
obtonu  pr(;al!ibloin(Mit  Tassontinient  des  otats,  niais  anssi  ])(>ur  avoir 
di'])uis  poiniisla  rdsiliation  des  niarclu's,  ct  sV'trc  souiiiis,  de  cotte  sortc, 
a  line  ])(Hte  en  urgent  d'nn  chiirre  oleve.  Une  coninitssiou  I'ut  noninioc 
])our  examiner  la  eondnitc  (hi  gouverneuient,  laquelle,  apres  lenr  exa- 
njen,  fiit  trouvt'-e  irreprehonsible. 

"Les  etats  sollieiterent,  il  est  vrai,  du  roi,  que  S.  M.  voulfit  bien  pren- 
dre les  niesnres  neeessaires  i)our  faireyentrer  an  tresor  les  sonunes  que 
le  gouverneineiit  avait  eru  devoir  sacritier,  qnand  il  se  vit  niieux  eelaire 
sur  les  inconvenients  resultant  do  laventeeli'eetuee  et  lorsqu'il  cedaaux 
representations  diplouiatiques  dont  eette  vente  6tait  devenuo  Tobjet; 
niiiis  la  niort  du  (.'onite  de  Cederstroni,  elief  de  riulniinistration  de  la 
marine,  contre  Ivipicl  la  demande  jMrainstiit  dirif/cc,  init  lin  a  eette 
affiiire ;  elle  ne  I'ut  i)as  reprise,  en  *eltet,  dans  le  (Jours  des  seances  [102] 
de  la  diete  suivante. 

"  Le  gouvernement  suedois  on  resiliant  les  eontrats  de  vente,  et  en 
s'ini])osant  un  sa<'rillee  d'argent  en  eette  eireonstanee,  agit  digneinent  et 
loyidenient ;  aussi  lon.i>teni])s  qu'il  ne  vit  dans  la  vente  des  batinients  de 
^i::nerre  rel'oiines  <>td"une  ])artiede  leur  arnienient,  <]u'une  op6ration  i)ure- 
nient  eonunereiale,  dont  les  resultatj?  devaient  i\roiiter  uni(]uonient,  tant 
au  coinineree  d'aueun  aequereur,  <]u'au  tresor  de  I'etat,  an  moment  ou  do 
nouvelles  constructions  navales  allaient  erro  entreprises,  le  gouverne- 
nient  suedois  dtait  i)ariiiitenu'nt  dans  son  droit;  mais  du  Jour  ou  il  put 
oroire  que  les  batinients  aclietes  ])ar  la  innison  jle  kStockholiii  et  reven- 
dns  a  la  maison  de  Lond'^s  etaient  destines  elilectivenient  ;Y  renl'orcer 
les  armeiiients  laaritinies  d"une  colonic  qne  VEnpafjuc  ayiHid.' mit  encore 
i'omme  i)iNvr<i('c  contre  son  auiorife  et  dont  rindejiend'ince  ])olitique  n'a- 
vaiten(;oreete  reconnue  ])ar  ancun  des  grands  etats  eurojieens,  la  8uede, 
alliee  ou  ainiede  TEspagiie,  ne  pouvait  se  jneter,  sans  porter  atteinte  au 
l)riiici])e  <le  la  neutralite,  a  ce  que  ses  vaisseaux  de  guerre  I'clbriues  coii- 
courussent  a  accroitre  les  I'orces  navales  du  Mexique. 

"Ce  no  fut  que  le  l:u  <lecein  »i'e  ISl'j  (pu^  la  (jirande-Bretagno  signa,  A 
Londxcs,  un  traite  [)ublic  ave(;  les  etats  niexi(!ains;  dans  rannee 
1.S27,  *la  Ir.ince,  les  J*a,vsl>as,  le  liaiiovre,  le  Daneinark  suivi-  [103] 
rent  itet  exeuijrfe,  en  sigiiant,  avec  le  gouvernement  mexicain,  des 
Iraites  de  coimiiei'cc  -i,  de  navigation  ;  le  28  deeenibre  l.S.'U),  enliii,  I'Es- 
liagne,  conii)reiiaiit  riniitilile  de  continuer  la  lutte  contre  des  colonies 
qui  s'etaient  separees  d'elle  sans  retour,  conclut  avec  le  Mexique  un 
traite  d(^  paix  et  (ranii^^'t;. 

"En  agissant  autrenieiit  qu'elle  le  lit,  c'est-a-dire  en  persistant  a 
repousser  les  reclamations  du  charge  d'affaires  d'Esjiagne,  la  Suede, 
nous  le  rep(?tons,  aurait  Jiiainpie  aux  devoirs  et  aux  obligations  de  la 
iieutr.ilite.  CViit  ete  se  ])reter  a  I'avoiiser  run  des  deux  belligevants 
(et,  dans  le  cas  actuel  en  1S25,  h;  beliigerant  favorise  C'tait  un  jieuple 
dont  la  condition  politicpie  6tait  encore  indetermiiiee),  que  do  ne  pas 
]>rendre  les  mesures  neeessaires  jiour  que  les  batinients  de  guerre 
lelbrnies,  vendus  ave<;  un  demi-armement,  n'allassent  pas  accroitre  les 
forces  navales  d'une  colouie  de  I'Espagne  iiisurgee  contre  Taut  orite  du 
roi  catholique." 

It  amy  possibly  be  asserted  that  the  construction,  or  the  fitting  out, 

or  the  arming,  or  the  equipment  by  neutrals  of  vessels  ot' 

tmi  Mlnpij  '.mir'  War  iiiteiided  for  the  service  of  a  belligerent  were,  before 

the  Ti'(>aty  of  Washington,  to  be  regarded  as  standing 
ui>on  the  same  footing  with  the  dealings  in  articles  *ordinarily    [101] 
esteemed  contrjiband  ot  war.    Should  this  bo  the  case,  the  United 


States  11 
legislati 
tion.  "V 
.aw  free 
them  at 
the  legii 
and  the 
vessel  o 
which  tl 
ject  to  1 
fc)uch  a  1 

01 

[195]  r: 
11  il 

the  arms 
either  be 
revealed, 
tlicy  con] 
of  tlie  riv 
it,  and  tl 
It  is  n 
respect  u 
the  two  ( 
loading  p 
iner,"2  sa; 
"  A  pai 
il  faiit,  er 
(lecideine 
meiit  et,  j 
bfitiment! 
osl 
[100]    poi 
do 
que  I'obli; 
•sur  son  t( 
iicet  6ti\t 
inais  qu'e 
Siition  (pi 
(I'liser,  da 
ilellter 
•same  eficM 
"  Cost 
'liiilles  de 
ilirecteme 
:ers 


('trail! 


'  J)iiriiijn:  1 

KMlly  for  1 
liiitl  into  it 

of  i'2()  to  :u 

Vol.  XXIll. 

Vol.  I,   pilj^rc 

r<irontly  this 

••I'litnent  wl 

of  tho  Unit( 

''Diploma 

'  Motrter, 

s.  ] 


DUTIES    OF   A   NEUTRAL. 


81 


States  might  content  themselves  with  a  .  oference  to  the  history  of  the 
legislation  of  the  two  countries,  as  a  complete  answer  to  such  an  asser- 
tion.   "While  the  subjects  or  citizens  of  either  country  have  been  left  by 
^law  free  to  manufacture  or  sell  muskets  or  gunpowder,  or  to  export 
them  at  their  own  risk,  even  if  known  to  be  for  the  use  of  a  belligerent, 
the  legislatures,  the  executives,  and  the  judiciaries  of -both  Great  Britain 
and  the  United  States  have  joined  the  civilized  world  in  saying  that  a 
vessel  of  war,  intended  for  the  use  of  a  belligerent,  is  not  an  article  in 
which  the  individual  subject  or  citizen  of  a  neutral  State  may  deal,  sub- 
ject to  the  liability  to  capture  as  contraband  by  the  other  belligerent. 
fc)uch  a  vessel  has  been  and  is  regarded  as  organized  war — more  clearly 
organized  war  than  was  that  iiuarmed  expedition  which  left 
[195]    riymouth  in  ISi^fS  (or  Portugal,'  and  was  arrested  *by  the  British 
navy  at  the  same  Torceira  to  which  the  Alabama  fled  to  receive 
the  arms  and  amuumition  that  she  failed  to  take  on  board  at  Liverj)Ool, 
either  because  the  puri)Oses  of  the  T*'oreign  Office  were  surreptitiously 
revealed,  or  because  the  insurgent  agents  had  reason  to  believe  that 
tliey  could  evade  the  law  by  the  construction  of  the  vessel  on  one  side 
of  tlie  river  Mersey,  the  collection  of  the  armament  on  the  other  side  of 
it,  and  the  putting  them  together  more  than  three  miles  out  at  sea. 

It  is  not,  however,  necessary  for  the  United  States  to  rely  in  this 
respect  upon  the  action  of  the  several  branches  of  the  Governments  of 
the  two  countries.  The  question  has  been  considered  by  several  of  the 
leading  publicists  of  the  Continent.  Ortolan,  in  his  "Diplomatic  do  la 
mer,"^  says,  in  addition  to  what  has  already  been  cited : 

"  A  part  toute  prohibition  taite  legislativement  par  telle  ou  telle  nation, 
il  faut,  en  droit  international,  considerer  comme  des  actes 
(locidemeat  contraires  a  la  neutralite,  I'equipement,  et  I'arme-  """""'"''"'"""' 
ment  et,  a  plus  forte  raison,  la  construction  dans  les  ports  neutres  de 
bfitimentsde  guerre  appartenantaux  belligerants,  ou  destines,  par  concert 
ostensi ble  ou  dissimul6  avcc  les  belligerants  par  A,  etre  remis  en  leur 
[I9G]  pouvoir.  Nous  croyons  fermement  *qu'il  est  impossible  d'assimiler 
de  i)areils  actes  i\  la  contrebande  de  guerre  proprement  dite  et 
(1110  I'obligation  pour  un  6tat  neutre  de  s'opposer  a  ce  qu'ils  aient  lieu 
sur  sou  territoire  est  ind^pendaute  de  toute  loi  interieure  ou  ptirticulidre 
il,  cet  6tat;  que  la  loi  interieure  peutet  doit  sanctionner  cette  obligation, 
iiiiiis  qu'elle  ne  saurait  ni  la  cn'or  ni  ladetruire,  parceque  c'est  une  obli- 
gation <iui  r^sulte  uiiiquenuMit  de  la  loi  internatiouale,  laquelle  defend 
(I'liscT,  dans  uu  Vxit  nostile,  dii  territoire  neutre." 

llefl'ter,-'  the  distinguished  Gorman  publicist,  savs  to  the 
.same  e fleet: 

"  C'est  un  devoir  geiu'ral  p(ur  les  penplcs  restes  spectatenrs  tran- 
(inilles  de  la  lutte,  de  n'y  jireiulre  aucune  part  active,  ni  de  participer 
(lirectement  aux  actes  do  la  guerre.  Les  gouverneinents,  les  sujets 
strangers  qui  fournissent  a  I'un  des  bellig6rants  des  secours  directs 


'  Duriiiu;  thocoiitijst  in  Povtiii^iil  between  Don  Miptiiol  ami  ])()nn;iMiniaII,aii  unarmed 
('X]i(!(U(i()n  of  tlic  atllicrents  of  Doiiuii  Maiin  loft  t'ortsn-oiitli,  ostiinsibly  for  15razil,  but 
roally  for  llie  Azores.  'Vlw,  IJrifi.sh  Goveninicnt  of  tliat  day  pursued  it  to  Torceira, 
fired  into  it  and  broke  it  ii]) ;  and  lliey  were  HUHlaincd  in  tbe  House  of  Lorda  by  a  vote 
of  l'2f>  to  :U,  and  in  (lie  House  of  ConinioiiH  by  a  vote  of  li)l  to  78.  (Hansard  for  I8;30, 
Vol.  XXHI.  See  also  Annual  l{egist(!r  for  IHlii),  and  Pliilliniore'a  Tiitcrnational  Law, 
Vol.  I,  \)i\'^ii  aSi),  tt  acq.)  Tlie  Tribunal  of  Arbitration  will  not  fali  to  observe  how  dif- 
fiM'ontly  the  powers  and  duties  of  the  Government  were  construed  by  the  Jjritish  Gov- 
ernment when  it  was  a  question  of  the  disintefj;ration  and  disruption  of  the  couimorcu 
of  the  United  States. 

-Diplomatie  do  la  mcr,  Ortolan,  tome  2,  page  214. 

^  llelfter.  Droit  intarnalional,  (French  truusiatiou  by  Julea  Bergson,  Paris,)  page  296. 

S.  Ex.  31 6 


1: 


•mr 


liJ 


■■if! 


82 


DUTIES    OF   A   NEUTEAL. 


'Mr:, 


<"a«e  of  thp  Siinils 
iriiii  Triniufti). 


ooraniottciit  uuo  violiitioa  dii  dovoir  de  la  neutralite,  ■in  acte  d'imraixion 
dans  les  hosti'.itcs  auquol  I'adversairo  est  en  droit  do  s'oi)poser  par  tons 
les  nioyens.  Dans  la  pratique  on  rej^ardo  conimo  do  tela  actes  d'ho.«v 
tilite : 

''1°,  lo  transport  vol  on  tairo  des  soldats,  matelots  et  autres  lioramc;'! 
de  guerre ; 

"2°,  la  construction  dans  les  ports  neutres  de  vaisseaux  de  guerre  on 
do  commerce  pour  le  conipte  de  I'ennemi  des  lour  sortie; 

♦"S",  le  transport  volontairo  de  depeclies  de  i'un  des  bellige-  [197] 
rants. 

"Ces  diverses  contraventions,  lorsqu'elles  sont  regulieremont  coii- 
statees,  entraiucnt  la  saisie  et  la  confiscation  du  navire  employe  au 
transport.  La  confiscation  s'etend^egalemcnt  a  la  cargaison,  si  il  est 
ctabli  que  les  iirojjrietaircs  avaient  connaissanc^e  du  but  illicite  du  voy- 
age. Toutefbis  cetto  penalite  n'ost  i)as  toujours  executeo  A.  lour  6gavi\ 
avec  la  memo  severite.  En  realite  ello  constitute  un  acte  de  legitime 
d«''feuse  auquel  le  neutre  qui  so  rend  complice  de  I'un  des  belligerants 
no  saxirait  ecliai)pcr  du  cote  do  I'adversaire. 

"En  dehors  des  cas  (pii  viennent  d'etre  enumercs,  il  existe  encore  uu 
certain  nombre  d'objets  dont  le  (jommerce  est  regarde,  d'une  maniere 
plus  ou  moins  general^',  dans  la  pratique  des  ctats,  comnie  prohibe.  II 
constitute  la  contrabande  de  guerre  ])roprement  dite." 

Without  wearying  the  patience  of  the  Tribunal  in  the  furtlier  dis- 
cussion of  this  question,  it  will  be  assumed  that  a  vessel  of 
war  is  not  to  be  confounded  with  ordinary  contraband  of 
war.  Indeed,  the  only  respectable  autiiority  which  has  been  cited  even 
apparently  to  the  contrary,  is  an  observation  which  Mr.  .Tustice  Story 
thrust  into  the  opinion  of  the  Supreme  Court  of  the  United  States, 
upon  the  case  of  the  Santisima  Trinidad.'  *If  that  eminent  jurist  1 108] 
bad  said  that  a  vessel  of  war  was  to  be  regarded  in  public  law  as 
an  article  which  might  be  legitimately  constructed,  lifted  out,  armed, 
equipped,  or  dealt  in  by  a  person  in  the  territory  of  a  neutral,  with  the 
intent  that  it  should  enter  the  service  of  a  belligerent,  subject  only  to 
a  liability  to  capture  as  (iontraband  of  war  by  the  other  belligerent, 
the  United  States  would  have  been  forced,  with  great  regret,  to  ask 
this  tribunal  to  disregard  an  oi)inion  so  at  variancio  with  common  sense, 
and  with  the  whole  current  of  the  actions  of  nations.  Ilai)pily  they 
are  under  no  necessity  of  casting  an  imputation  on  the  memory  of  one 
of  their  brightest  judicial  ornaments. 

During  the  l.ist  war  between  the  United  Stat(»s  and  Great  IJritain  a 
privateer,  called  the  Monmouth,  was  constincted  at  Baltimore,  and 
(iruised  against  the  enemy.  After  the  peace  she  was  stripped  of  her 
armament,  and  (converted  into  a  brig.  She  was  subsequently  loaded 
with  munitions  of  war,  armed  with  a  portion  of  her  original  armament, 
and  sent  to  Buenos  Ayres,  (whu-.h  was  then  a  revolted  colony  of  Spain 
recognized  as  a  1)elligerent,  l)ut  not  recognized  as  an  independent  gov- 
ernment,) to  find  a  market  for  her  munitions  of  war.  The  supercargo 
was  also  authorized  "  to  sell  the  vessel  to  the  Government  of  Buenos 
Ayres  if  he  could  ohtain  a  suitable  priced  He  did  sell  her,  and  she 
*weut  into  the  service  of  that  Government  as  a  manof-war.  She  [19!)] 
subsequently  put  into  a  port  of  the  United  States,  and  while  there 
enlisted  thirty  new  men,  and  took  with  her,  when  she  put  to  sea,  tlio 
newly  cnlistred  men,  and  a  tender,  which  carried  some  mounted  guns 
and  twenty  iiv*-  men.    After  this  addition  to  her  eflective  power  for  in- 


7  Wheat ou's  Keports,  ]]ugc  '^S;?. 


DUTIES   OF   A   NEUTRAL. 


83 


.'imraixion 
sr  par  tons 
ictes  d'hos-^ 

38  lioramc;^ 


3  giierrc  on 


iligo-    [197 1 

Bincut  con- 
nnployo  au 
on,  si  il  est 
eito  (lu  voy- 
b  lour  6gar(l 
tic  legitime 
i)elligeraiits 

e  encore  nu 
me  nianiere 
prohibo.    II 

further  dis- 
t  a  vessel  of 
)ntraban(l  of 
n  cited  even 
[nstice  Story 
itates, 

jurist  119S1 
law  as 

I  out,  armed, 

ral,  with  tlic 

bject  only  to 

"belligerent, 

gret,  to  asU 

mmon  sense, 

lappily  they 

luory  of  one 

Jilt  Britain  a 
iltimorc,  and 
■ipped  of  her 
iiently  loaded 
al  armament, 
ony  of  Spain 
'peiulent  gov- 
10  supercargo 
mt  of  Buenos 
ind  she 

She    [100] 

c  there 

lit  to  sea,  the 

nounted  gin»s 

power  for  in- 


says, 
The 


jury,  assisted  by  the  tender,  she  captured  the  Spanish  vessel  Sautisima 
Trinidad,  and  carried  her  cargo  into  Norfolk,  one  of  the  ports  of  the 
United  States.  On  the  instigation  of  the  Spauisli  authorities,  proceed- 
ings were  taken  for  the  restitution  of  this  property,  on  the  ground,  first, 
that  the  Independcncia  liad  been  originally  illegally  fitted  out,  armed, 
or  cipiipped  in  tlie  United  States ;  secondly,  that  she  had, after  entering' 
the  service  of  Buenos  Ayres,  illegally  recruited  men  and  augmented  her 
force  within  the  United  Stfites.  The  court  decreed  a  restitution  of  the 
property  on  the  second  ground.  Any  remarks,  therefore,  upon  the  first 
point  were  outside  of  the  requirements  of  the  case,  and,  nnder  the  Ameri- 
can practice,  would  be  regarded  as  without  authority;  but  inasmuch  as 
they  were  made  by  one  of  the  most  eminent  writers  on  public  law,  they 
deserve  the  consideration  which  they  have  received.  Taking  them  in  con- 
nection with  the  facts  as  shown  iu  evidence,  it  is  clear  that  the  dis- 
[200]  tinguishcd  judge  intended  to  con*flno  his  statement  to  tiic  case 
of  a  vessel  of  war  equipped  iuul  dispatched  as  a  commercial  ven- 
ture, without  previous  arrangement  or  understanding  with  the  bellig- 
erent, and  at  the  solo  risk  of  the  owner.  "  It  is  apparent,"  he 
•'that  she  was  sent  to  Buenos  Ayrcs  on  a  conunercial  veutf  .'-''' 
whole  of  his  subseciuent  remarks  turned  ui)on  the  absence  of  an  intent, 
iu  Baltimori.',  in  the  mind  of  the  owner,  before  she  sailed,  that  she 
should,  iu  any  and  at  all  events,  whether  sold  or  not,  go  into  the  service 
of  the  belligerent. 

The  judges  who  were  brought  in  contact  with  the  witnesses  in  that 
case,  and  had  access  to  all  the  original  papers,  and  knew  i>ersonally 
both  the  men  and  the  facts,  and  who,  therefore,  had  opportunities  which 
iire  denied  to  us  of  judging  of  the  nunits  of  the  case,  seem  to  have 
reached  the  conclusion  that  this  particular  transaction  was  a  purely 
commercial  venture ;  and  they  placed  the  decree  of  restitution  of  the 
captured  property  upon  later  violations  of  law.  It  may,  however,  be 
said  that  the  ordinary  experiences  of  human  life  show  that  such  deeds 
border  npon  the  debatable  ground  between  good  faith  and  fraud.  The 
court  which  decided  that  case  evidently  did  soon  the  impressions  which 
the  judges  received  from  the  particular  evidence  before  them; 
[201]  for,  on  the  very  next  *day,  the  most  illustrious  of  roniroiw  i,y  u,^ 
American  judges,  John  Marshall,  then  Chief  Justice  '^^"»^""t.e(ir„nrara. 
of  the  United  States,  in  the  parallel  case  of  the  Irresistible,  a  vessel  built 
at  Baltimore,  sent  to  Buenos  Ayres,  and  there  commissioned  as  a  pri- 
vateer, pronouncing  the  opinion  of  the  same  court,  declared  that  the 
tacts  as  to  the  Irresistible  showed  a.  violation  of  the  laws  of  the  United 
States  in  the  original  construction,  equipment,  and  arming  of  the  ves- 
sel; and  that,  should  the  court  decide  otlierwise,  the  laws  for  thepreser- 
mtion  of  the  neutrality  of  the  country  would  he  completely  eluded.}  In 
Justice  to  the  highc.-it  court  of  the  United  States,  these  two  cases  should 
be  read  together  by  all  persons  wishing  to  know  its  views  upon  the  du- 
ties of  a  neutral  nation  in  time  of  war,  since  if  there  bo  any  difference 
in  the  principles  involved  iu  the  two  cases,  then  the  true  construction 
of  the  law  is  to  be  found  in  tlie  carefully  considered  language  of  the 
court  in  the  case  of  the  Gran  Bara.  The  cases  were  both  argued  in 
Februaiy,  1821i :  the  Oran  Para  upon  the  20th,  and  the  Sautisima 
Trinidad  on  the  28th.  The  opinions  were  delivered  in  March:  that  of 
the  Sautisima  Trinidad  on  the  12th ;  that  of  the  Gran  Para  on  the  13th. 
There  can  be  no  doubt  that  they  were  considered  together  iu  the 
[202]    consultation-room.    Tlierefore  .any  apparently  broad  or  ill  *con- 


i 


n 


;l 


"  uni. 


The  Gran  Pnrii,  7  Wheaton's  Reports,  471. 


84 


DUTIES   OF  A   NEUTRAL. 


r^ 


Kirori  of ,  ro„..  siderctl  expressions  in  tlio  o])inion  rendered  on  thel2th  oi' 
fenji?''>..tvl.','.'rrf  Man^li  arc  to  bo  regarded  as  limited  and  corrected  by  the 
""  carefnlly  considered  expressions  of  tlie  Cliief  Justice  on  the 

following  day. 

HuAing  thus  demonstrated  that  the  principles  for  which  the  United 
States  contend  have  been  recognized  by  the  statesmen,  the  jurists,  the 
publicists,  and  the  legislators  of  (Jreat  Britain  ;  that  they  have  the  ap- 
probation of  tlui  most  eminent  authorities  upon  the  continent  of  Europe ; 
and  that  they  have  been  regarded  by  the  other  Powers  of  Europe  in 
their  dealing  with  each  other,  it  only  remains  to  show  how  the  liability 
of  the  neutral  for  the  acts  of  cruisers  illegally  built,  or  equipped,  or  iitted 
out,  or  armed  within  its  ])orts,  may  be  terminated. 

It  has  been  intimated,  in  the  course  of  the  discussions  upon  these 
([uestions  between  the  two  (rovernments,  that  it  maybe  said,  on  the 
l)art  of  (Jreat  IJritain,  that  its  i)ower  to  interfere  witii,  to  arrest,  or  to 
detain  either  of  the  belligerent  cruisers  whose  acts  are  complained  of 
ceased  when  it  "was  commissioned  as  a  man-of-war ;  and  that,  conse- 
quently, its  liability  for  their  actions  ceased. 

The  United  States  might  Avell  content  themselves  with  calling  the 
attention  of  .the  Tribunal  of  Arbitration  to  the  utter  uselessness 
discussing  these  questions,  if  the  liability  to  make  coni*i)ensation  [203] 
for  the  wrong  can  be  escai)ed  in  such  a  frivolous  way.  It  is  well 
known  how  the  several  British  built  and  British-manned  c;insers  got 
into  the  seivice  of  the  insurgents.  Few  of  them  ever  saw  the  line  of  the 
coast  of  the  Southern  insurgent  States.  The  Florida,  indeed,  entered 
the  harbor  of  Mobile,  but  she  passed  the  blockading  squadron  as  a 
British  man-of-war.  In  nu)st  cases  the  commissions  went  out  from 
.England — from  a  branch  oilice  of  the  insurgent  Kavy  Department, 
established  and  n)aintaiacd  in  Liverpool  at  the  cost  and  expense  of  the 
insurgent  (so-called)  (lovernment.  From  this  office  the  sailing  orders  of 
the  vessels  were  issued;  here  their  conunanders  received  their  instruc- 
tions; and  hence  they  dei)arted  to  assume  their  commands  and  to  begin 
the  work  of  destruction.  They  played  the  comedy  of  completing  on  the 
high  seas  what  had  been  carried  to  the  verge  of  comi)letion  in  England. 
The  parallel  is  complete  between  these  commissions  and  those  issued 
by  Genet  in  1703,  which  were  disregarded  by  the  United  States  at  the 
instance  of  Great  Britain.  If  a  piece  of  pai)er,  emaimting  through  an 
English  oflice,  from  men  who  had  no  nationality  recognized  by  Great 
Britain,  and  who  had  no  ojjcu  port  into  which  a  vessel  could  go  unmo- 
lested, was  potent  not  oidy  to  legalize  the  depredations  of  British 
built  and  maimed  cruisers  *upon  the  commerce  of  the  United  [204] 
States,  but  also  to  release  the  responsibility  of  Great  Br  liu  there- 
for, then  this  arbitration  is  indeed  a  farce.  Such,  however,  cannot  bo 
the  case. 

Sir  lloundell  I'almer,  the  Attorney  General  of  Lord  ralmerstou's 
Opinion  of  Sir  Cabinet,  as  well  as  of  the  present  Government,  well  said,  in 
Koun.Mii'.inHr,  ^\^Q  Hq^^q  of  Commoiis,  in  ISOi,  when  defending  the  course 
of  Great  lU-itain  as  to  the  Tuscaloosa,  a  tender  of  the  Alabama,  "  Gait 
it  be  said  that  a  neutral  Sovereign  has  not  the  right  to  make  orders  for 
the  preservation  of  his  own  neutrality,  or  that  any  foreign  Power  what- 
ever violating  these  orders,  provided  it  bedone  willfully  or  fraudulently, 
is  protected  to  any  extent,  by  International  Law,  within  the  neutral 
territory,  oi  has  the  right  to  complain,  on  the  ground  of  International 
Law,  of  any  means  which  the  neutral  Sovereign  may  see  fit  to  adopt 
for  the  assertion  of  his  territorial  rights?"    *    *    "  It  is  a  meie  ques- 


[205J 


with  wl 
That  t 
the  cas( 
in  form 
bling  a 
sel  was 
on  boar 


DUTIES    OF   A   NEUTRAL. 


85 


'r.fm 


V 


I  tliel2tli  of 
ited  by  tbc 
stico  ou  the 

the  TJuited 
jurists,  the 
live  the  ap- 
ot'  Europe ; 
l^uropo  in 
tlio  liability 
ed,  or  fitted 

upon  these 
said,  ou  the 
wrest,  or  to 
mplaiued  oi' 
that,  conse- 

ealling  the 
(suess 

sation  [203] 
3  well 

cinisers  }jot 
le  Hue  of  the 
ecd,  entered 
uadrou  as  a 
it  out  fro]ii 
Department, 
pen  so  of  the 
UR'  orders  of 
heir  instruc- 
ind  to  begin 
etin;*'  outho 

in  England, 
those  issued 
Hates  at  the 

through  an 
'ahI  by  Great 
lid  j>()  uunio- 
>ritish 

Jnited    [204] 
there- 
cr,  cannot  bo 

ralmerstou's 
,  well  said,  in 
ig  the  course 
bama,  "Can 
Ice  orders  for 
Power  what- 
tVaudulently, 

the  neutral 
International 

fit  to  adopt 
a  mei  e  ques- 


tion of  practical  discretion,  judgment,  and  moderation  what  is  the  proper 
way  of  vindicating  the  oftended  dignity  of  the  neutral  Sovereign." ' 

The  United  States  do  not  deny  the  force  of  the  commission  of  a  man- 
of-war  issuing  from  a  recognized  Power.    On  the  contrary, 


Opinion   of    Chie! 
Jii.-itii  o  .Marulmll. 


[205] 


nm-ision  of  the 
Siiinemc  Court  of  tliR 
Vi  itfdSt!ite»  in  lli« 
ca.sPH  of  thfl  SimtiBi- 
iiiii  Trinidad  niid  thi.> 


they  point  with  a  pardonable  pride  to  the  exhaustive 
language  of  *Chief  Justice  Marshall  on  this  subject^  as  evidence 
of  Avhat  they  understaiul  to  be  the  practice  of  nations.  Nor  do 
they  deny  that  since  Great  Britain  had,  however  precipitately  and  un- 
justly, recognized  the  existence  of  a  civil  war  between  the  United  States 
and  the  insurgents,  and  avowed  a  determination  to  remain  neutral  be- 
tween the  parties,  she  might,  without  a  violation  of  the  law  of  uations, 
commit  tlie  further  injustice  of  allowing  to  such  vessels  of  war  of  the 
insurgents  as  hail  not  been  built,  armed,  equipped,  furnished,  fitted  out, 
supplied,  or  manned  within  her  territory,  in  violation  of  her  duty  to  the 
United  States,  the  same  rights  of  asylum,  hospitality,  and  intercourse 
which  she  conceded  to  the  vessels  of  war  of  the  United  States.  They 
do,  however,  most  conftdently  deny  that  the  receipt  of  a  commission  by 
a  vessel  like  the  Alabama,  or  the  Florida,  or  the  Georgia,  or  the  Shen- 
andoah, exempted  Great  Britain  from  the  liability  growing  out  of  the 
violation  of  her  neutrality.  To  this  point  they  are  fortunately  able  to 
cite  two  from  the  many  pertinent  cases  adjudicated  in  the  SupremeCourt 
of  the  United  States,  which  show  directly  what  the  public  law  in  this 
rcsiject  is  understood  to  be,  not  only  by  the  United  States,  but  also  by 

Spain  and  by  Portugal. 
[20GJ        *The  first  is  the  case  of  the  Santisima  Trinidad,^  tlie  facts  of 

which  have  already  been  given.  The  property  for 
which  restitution  was  claimed  in  this  case  was  Spanish. 
The  libel  was  filed  by  the  Spanish  Consul  at  Norfollv  on  be- 
half of  the  owners.  The  capture  was  shown  to  have  boon  <''•""''""• 
made  after  a  commission  to  the  vessel,  expressly  recognized  by  the 
court  rendering  the  decision.  Nevertheless,  restitution  was  decteed  on 
the  ground  of.  Un  illegal  increase  of  armament  in  the  neutral  territory 
after  the  commmhn. 

The  sectond  case  is  tliat  of  the  (Jrati  Para,'' also  already  alluded  to. 
The  libel  was  filed  by  tlie  Consul  General  of  Portugal.  The  opin''^n  of 
the  court  Avas  given  by  Cliief  Justice  Marshall.  The  facts  are  set  forth 
so  clearly  in  the  opinion  that  no  other  statement  is  necessary.  The 
(3hief  Justice,  in  announcing  the  judgment  of  tlio  court,  said: 

"The  principle  is  now  lirnily  f'  tt'ed  that  prizes  made  by  vessels  which 
have  violated  the  acts  of  Congre^-s  that  have  been  enacted  for  the  pres- 
ervation of  the  neutrality  of  the  United  States,  if  brought  within  their 
territory,  shall  be  restored.  The  only  question,  therefore,  is,  ])oes  this 
case  come  within  the  principle? 

"That  the  Irresistible  was  purchased,  and  that  she  sailed  out 
[207 1  of  the  port  of  Baltimore,  armed  *and  manned  as  a  vessel  of  w^ar, 
for  the  purpose  of  being  employed  as  a  cruiser  against  a  nation 
with  whom  the  United  States  were  at  peace,  is  too  cle.ar  for  controversy. 
That  the  arms  and  ammunition  wcie  cleared  out  as  cargo  cannot  vary 
the  case.  Nor  is  it  thought  to  be  material  that  the  men  were  enlisted 
in  form  as  for  a  common  mercantile  voyage.  There  is  nothing  resem- 
bling a  commercial  adventure  in  any  part  of  the  transaction.  The  ves- 
sel was  constructed  for  war  and  not  for  commerce.  There  was  no  cargo 
on  board  but  wOiat  was  adapted  to  the  purposes  of  war.    The  crew  was 

'  Hausiml,  3il  series,  vol.  174,  pago  1595. 

'The  Schooner  Exchiiuge  asainst  McFutlilcn  tf  al,  7  Cranch's  Reports,  110. 

37  Wbcatoii,2e3.  '  ••  7  Wheat  on,  471. 


m 


I 


> 


\ 


86 


DUTIES   OF   A  NEUTRAL. 


Ir,., 


it' 


too  iminerous  for  a  inei'chiintuuui,  and  was  sufficient  for  a  privateer. 
TIicso  circumstances  deiiionstrato  tlio  intent  witli  which  the  IrresistibU^ 
sailed  out  of  the  port  of  IJaltiniore.  But  she  was  not  conunissioned  as  a 
])rivateer,  nor  did  she  attempt  to  act  as  one  until  she  reached  the  river 
La  Plata,  when  a  commission  Avas  obtained,  and  the  crew  le-enlisted. 
This  court  has  never  decided  that  the  oifense  adheres  to  the  vessel, 
whatever  changes  may  have  taken  place,  and  cannot  bo  deposited  at  the 
termination  of  the  cruise  in  preparing  for  which  it  was  committed  ;  and 
as  the  Irresistible  made  no  pri/o  on  her  passage  from  Baltimore  to  the 
river  of  La  Plata,  it  is  contended  that  her  oU'enso  was  deposited  there, 
and  that  the  court  cannot  connect  her  subsequent  cruise  with  the  trans- 
actions at  Baltimore. 

*"  If  this  were  to  bo  admitted  in  such  a  case  as  this,  the  laws    [208j 
for  the  preservation  of  our  neutrality  would  be  completely  eluded, 
so  far  as  this  enforcement  depends  on  the  restitution  of  ])rizes  made  in 
violation  of  them.    Vessels  completely  litted  in  our  ports  for  military 
operations  need  oidy  sail  to  a  belligerent  port,  and  there,  after  obtain 
ing  a  commission,  go  through  the  ceremony  of  discharging  and  re-en 
listing  their  crew,  to  become  perfectly  legitimate  cruisers,  purilied  from 
every  taint  contracted  at  the  place  where  all  their  i-eal  force  and  capacity 
for  annoyance  was  acquired.    This  would,  indeed,  be  ji  fraudulent  neu 
trality,  disgraceful  to  our  own  Government,  and  of  which  no  nation 
would  be  the  dupe.    It  is  impossible  for  a  moment  to  disguise  the  fiicts 
that  the  arms  and  ammiviition  taken  on  board  the  Irresistible  at  Balti- 
more were  taken  for  the  purpose  of  being  used  on  a  cruise,  and  that  the 
men  there  enlisted,  though  engaged  in  form  as  for  a  commercial  voyage, 
were  not  so  engaged  in  tact.    There  was  no  commercial  voyage,  and  no 
individual  of  the  crew  could  believe  there  was  one.    Although  there 
might  be  no  express  stipulation  to  serve  on  board  the  Irresistible  after 
her  reaching  the  La  Plata  and  obtaining  n  commission,  it  must  be  com- 
pletely "understood  that  such  was  to  be  the  iact.    For  what  other 
purpose  could  they  have  luidertaken  *this  voyage  ?    Everything    [209] 
they  saw,  everything  that  was  done,  spoke  a  language  too  plain 
to  be  misunderstood. 

"  It  is,  therefore,  very  clear  that  the  Irresistible  was  armed  and  manned 
in  Baltimore,  in  violation  of  the  laws  and  of  the  neutral  obligations  of 
the  United  St  ites.  We  do  not  think  that  any  circumstances  took  place 
in  the  river  La  Plata,  by  force  of  which  this  taint  was  removed." 
The  course  of  the  French  Government  during  the  insurrection  in  the 
case  of  the  Kappahannock,  already  referred  to,  practically 
asserted  the  power  of  the  neutral  to  protect  its  violated 
sovereignty,  even  against  a  commissioned  vessel  of  war. 
The  British  Government  itself  recognized  this  principle  when 
it  ordei-ed  the  Alabama  to  bo  seized  at  Nassau,  and  when  it  found  fault 
with  the  Governor  of  the  Cape  of  Good  Hoi)0  for  not  detaining  the 
Tnscaloosa  at  Cape  To  vii.  The  principle  for  which  the  United  States 
contend  has  therefore  been  recognized  by  Great  Britain,  Spain,  Portu- 
gal, France,  and  tho  Lnited  States. 
It  is  not  deemed  necessary  to  add  to  the  forcible  views  of  Chief  Justice 
n-posit  of  .!,e  „f-  Marshall  in  the  case  of  the  Gran  Para,  as  to  the  deposit 
'"'""■  of  the  offense  of  the  cruiser.      The  United  States  only 

ask  that  the  same  just  rules  which  thej^,  through  their  highest 
•judicial  officer  and  most  eminent  jurist,  have  established  for    [2101 
offenses  committed  on  their  own  soil,  may  be  applied  to  the  of- 
fenses against  British  neutrality  from  which  they  have  suffered.    The 


The  princijilp  r^*- 
fognized  by  Frnii'-p, 
Great  BritaiB,Sp.Tin, 
Portugal,  nnd  llin 
United  St;it('a. 


■•~rA 


privateer, 
rresistiblo 
lioned  as  ii 

tbo  river 
o-enlisted. 

ho  vessel, 
itod  at  the 
itted ;  and 
ore  to  the 
teil  there, 
the  trans- 

aws  [208] 
led, 

vs  made  in 
ir  military 
er  obtain 
and  reen 
ilied  from 
d  capacity 
nlent  nen 
no  nation 
e  the  facts 
le  at  Balti- 
ul that  the 
al  voyage, 
ge,  and  no 
)ugh  there 
5tiblo  after 
ist  be  com- 
thtr 

liing  [209] 
)lain 


ud  manned 
ligations  of 
took  place 
^ed." 

ition  in  the 
practically 
ts  violated 
sel  of  war. 
iciple  when 
fonnd  fault 
taining  the 
ited  States 
ain,  Portu- 

liief  Justice 
the  deposit 
States  only 
fhest 

I  for    [2101 
e  of- 
:ered.    The 


DUTIES    01'   A  NEUTRAL. 


87 


Alabama,  the  Georgia,  the  Florida,  the  Shenandoah,  and  the  other  in- 
surgent vessels  of  war  made  no  cruise  that  was  not  planned  on  British 
.soil.  Their  respective  cruises  were  to  last  till  the  independence  of  the 
Confederacy  should  bo  established.  The  career  of  the  Florida  termina- 
ted at  Bahia — that  of  the  Alabama  off  Cherbourg.  The  Shenandoah 
and  the  Georgia  came  eventually  into  the  possession  of  the  United 
States.  The  principal  injuries,  which  will  be  hereinafter  set  forth,  came 
from  the  acts  of  these  A'cssels.  There  were,  however,  other  vessels, 
whose  careers  and  crimes,  as  well  as  those  of  tlio  above-named  four,  will 
now  be  given  in  detail. 

Before  proceeding  to  do  so,  it  will  be  well  to  note  the  points  which  have 
been  thus  far  made. 

The  United  States  trust  that  they  have  established  to  the    „,„„„„  „f  ,,,,„,, 
satisfaction  of  the  Tribunal  of  Arbitration  as  against  Great  "' ' 
Britain — 

1.  That  it  is  the  duty  of  a  neutral  to  preserve  strict  and  impartial 
neutrality  as  to  both  belligerents  during  hostilities.  (See  the  Queen's 
Proclamation;  also  extracts  Jrom  various  writers  on  International  Laio 

above  cited.) 
[211]       *2.  That  this  obligation  is  independent  of  municipal  law.    {See 
as  above.) 

3.  That  a  neutral  i  ■  '>ound  to  enforce  its  municipal  laws  and  its  execu- 
tive proclamation ;  ami  that  a  belligerent  has  the  right  to  ask  it  to  do 
se ;  and  also  the  right  to  ask  to  have  the  powers  conferred  upon  the 
neutral  by  law  increased  if  found  iusufflcient.  {See  the  precedents  in 
General  Washincitonh  administration;  Lord  Palmerston's  si)eech  of  July 
21?,  1803 ;  the  opinion  of  the  British  Attorney  General  during  the  Crimean 
war  ;  and  The  United  States  Special  Laic  of  March  10, 1838.) 

4.  That  a  neutral  is  bound  to  use  due  diligence  to  prevent  tl'-ij  fitting 
out,  arming,  or  equipping,  within  its  jurisdiction,  of  any  ves'^el  which  it 
has  reasonable  ground  to  believe  is  intended  to  cruise  oi-  to  carry  on 
war  against  a  Povrer  with  which  it  is  at  peace.  {See  1st  Rule  of  the 
Treaty  ;  also  the  Foreign  Enlistment  Acts  of  1819  and  1870 ;  also  the  pre- 
cedents  in  General  Washington's  administratio'i ;  also  the  icriters  on  Inter- 
national Laic  who  have  been  cited.) 

5.  That  a  neutral  is  bound  to  use  like  diligence  to  prevent  the  con- 
struction of  such  a  vessel.  {See  Foreiffn  Enlistment  Act  of  1870  j  also 
the  action  of  the  United  States  Government  in  1809 ;  also  the  writers  on 

International  Law  above  cited.) 
:[212]       *6.  That  a  neutral  is  bound  to  use  like  diligence  to  prevent  the 

departure  from  its  jurisdiction  of  any  vessel  intended  to  cruise  or 
carry  on  war  against  any  Power  with  which  it  is  at  peace ;  such  vessel 
having  been  si)ecially  adapted,  in  whole  or  in  part,  within  its  jurisdic- 
tion, to  warlike  use.  {See  Isf  liule  of  the  Treaty  ;  also  the  Foreign  En- 
listment Act  of  1870.) 

7.  That  a  neutral  may  not  permit  or  suffer  either  belligerent  to  make 
use  of  its  ports  or  waters  as  the  base  of  naval  operations  against  the 
other.  {See  2d  Bule  of  the  Treaty,  the  Foreign  Enlistment  Act  of  1870, 
and  the  writers  on  International  Law  above  cited;  also  the  instructions  to 
the  British  naval  forces  during  the  Southern  insurrection.) 

8.  That  a  neutral  is  bound  to  use  due  diligence  in  its  ports  or  waters, 
to  prevent  either  belligerent  from  obtaining  there  a  renewal  or  augment- 
ation of  military  supplies,  or  arms  for  belligerent  vessels,  or  the  recruit- 
ment of  men.  {See  2d  Bule  of  the  Treaty ;  also  the  precedents  of  General 
Washington's  administration  ;  also  the  Foreign  Enlistment  Acts  of  1819 
and  1S70;  also  the  Queen's  Proclamation.) 


^*ii 


^1 


IM 


■i> 


i'i 
ill 


88 


DUTIKH    OF    A    NKlITUAli. 


:1' 


!  ( 


n 


9.  Tliut  Nvlion  11  iioiitnil  liii'.s  to  use.  all  tli<i  iiioiins  in  its  ixtwcr  to  ju'C- 
vent  u  broach  of  the  neutral liy  of  its  soil  or  waters,  in  any  of  the 
I'oreyoinfjrcHpeets,  the  neutral  should  make  compens  ition  for  *tlie    \'2l'.]\ 
injury  resulling  therefrom.     («S>v;  /mtrdentu  of  Gciuiuil   Washinr 

toti's  (ubnbmtraliou  hdnwcn  (irciit  Jiritain  and  the  I'aUcd  Hlalen  ;  Itrali/ 
of  M\)i  between  (h'iut  Jirituiti  and  the  United  States;  trcati/  of  IHll)  be- 
tween the  Uni fed  iStaten  and  Spain  ;  eonmjmvknce  between  I'ortnqal  and 
the  United  States,  1S17-2L',  and  Artieles  VII  and  X  of  the  fvcatij  of 
Washinf/ton.) 

10.  That  this  oblifijai ion  is  not  <liscliarf;t'(l  or  arrested  by  the  cliaufjfi^ 
of  the  ofVendinjif  vessel  into  a  imblic  man-ol'-war.  (aSV<;  the  easen  of  the 
Santisima  Trinidad  and  the  Gran  Vara,  above  eifed.) 

11.  That  this  oblif^oition  is  not  discharfxcd  by  a  fraudulent  attemi)t  ol' 
the  otl'ondin^'  vessel  to  e\ado  the  i)rovisions  of  a  lo(!al  municipal  law. 
{Sec  the  Gran  Para,  an  above  ;  also  lUHntsekli  and  other  tenters  on  Inter 
national  Law.) 

12.  That  tho  ollenso  will  not  be  deposited  so  as  to  release  the  liability 
of  the  neutral  even  by  tho  entry  <  I'the  oll'endinff  vessel  in  a  port  of  tho 
belliserent,  and  there  becominji' ;  man-of-war,  if  any  jjartof  tlie  original 
fraud  continues  to  han^v  about  the  vessel.     (See  the  Gran  Para,  as  above.) 

[2141 


hv. 


it^ 


■|,l  :    .K;: 


01-  to  ])rc 

hi'. 

ho   \-Ji:',\ 

fir 

's  ;  I  real  If 
flSW)  be- 
fit fjal  and 
Treat !i  of 

iHctt  of  the 

;tteini)t  or 
[•ipal  law. 
(  on  Inter 

c  liability 
ort  of  tlio 
c  original 
,  as  above.) 

[2141, 


I1315J 


M»AUT  IV. 


WIIEUEIN  GREAT  IIIUTAIN  IWILKI)  TO   PEIiFOUM  ITS  DIJ- 

TIJOS  AS  A  NlilJTUAL. 

"Thoro  in  no  doiililj  tliiifc  Jctrorsoii  DiivIm  uikI  otliov  Idiidors  nf  tlid  South  liavo  intulo 
III!  army  ;  thoy  aro  iiiivkin<^,  it  appoiirs,  a  navy." — S^wvcli  of  Mr.  (lladitone, 
Chancellor  of  ihc  Kxchvquvr,  (klohcrl,  IHti.;.  „  \'','",'.","'"."r,"' 

"It  lias  l)(!ou  usual  lor  a  jjowcr  carry i"S  on  war  ujtoii  tho  Hoan  to  niT-. 
posHOHH  ]>oi't.s  ol"  i(s  own  iu  w  liicli  vohsoIh  aro  built,  (iiiuijipcd,  and  littiMl, 
and  I'roiu  Avliicli  thoy  issue,  to  which  they  l»riu}j;  their  prizes,  and  iti  whi'jh  those  pri/,09 
when  broufjht  hdoro  a  court  aro  cither  coudonuicd  or  restored,  lint  it  so  happens  that 
iu  tliis  coullict  the  (lourcdcrate  Ktatc^  have  no  ports  except  those  of  tho  Mersey  and 
tlip  Clyde,  from  whicli  they  lit  out  Bhii>s  to  cruise  a^^aiust  tho  Federals ;  and  haviu;;;  no 
ports  to  which  to  hriujj.  their  prizes,  they  are  ohijjfcd  to  hum  them  on  tho  hi};h  seas." — 
Speech  of  Earl  Jlimscll,  Principal  Secrvlarii  of  State  for  Forcirjn  Aff'airn,  April  iiii,  1801. 

•*ller  Urilannic  Majesty  has  authorized  her  High  Cominissioners  and  rienipotnu 
tiaricH  to  cxjiress  in  a  friendly  spirit  tho  regriit  felt  by  Her  Majesty's  Government  for 
tho  escape,  uiuler  \vhat(!ver  circumstances,  of  tho  Alal)ama  and  other  vessels  from 
Hritish  i)orts,  juul  for  the  di'i)r(HlationH  committed  by  thoso  vessels." — Treaty  of  Wanh- 
ington,  Article  J. 

TliO  extracts  whicli  are  placed  at  the  head  of  this  division  of  tho  Case 
of  tho  United  States  tire  at  once  evideiuie  of  the  facts  which  will  now 
1)0  set  forth,  and  a  condensation  of  tlnj  line  of  argument  whicli  thoso 
tacts  logically  suggest.  The  United  Stiites  sununon  no  less  illustrious 
iv  person  than  the  present  Trinie  Minister  of  England,  to  prove,  not 
only  that  the  insurgents  wore  engaged  in  the  year  18GU  in  making  a 


1 210] 


navy,  but  thai,  the  fact  was  known  to  the  gentlemen  who  thei' 


constitu*ted  Her  jMajesty's  CJovernment.  They  place  on  the  stand 
as  their  next  witness  Her  ]Majesty's  Principal  Secretary  of  State 
I'or  Foreign  Aflairs  during  the  whole  period  of  the  rebellion,  to  prove 
where  the  insurgents  were  constructing  tlnit  navy,  and  Avhy  they  were 
constructing  it  iu  the  jMei'ftey  tind  tho  ('lyde;  and  further,  to  prove  that 
these  facts,  also,  were  known  at  the  time  to  the  gentlemen  wllo  then 
constituted  Her  Majesty's  (iovernment.  And  histiy,  they  lay  before 
the  Tribunal  of  Arbitnitiou  the  graceful  and  kindly  testimony  of  tho 
regret  of  Her  iVFajesty's  Government  that- the  escape' of  the  cruisers, 
which  were  built  in  Great  Britain,  with  the  knowledge  of  the  Govern- 
ment, and  Avliich  constituted  that  navy,  should  have  resulted  in  the 
subsequent  destruction  of  the  property  of  citizens  of  tho  United  States. 
In  discussing  this  question,  except  so  far  as  may  be  absolutely  neces- 
sary for  tlie  ])rotection  of  tho  interests  which  they  are  bound  to 
[217]  guard,  tho  *Uuited  States  will  not  attempt  to  disinter  from  the 
grave  of  the  ]iast  the  unhappy  passions  and  prejudices,  and  to 
revive  the  memory  of  tho  injuries,  often  groat  and  sometimes  petty, 
which  caused  such  poignant  regret,  such  wide-spread  irritation,  and 

'"I  "wish  tho  word  'escape 'had  not  Lccu  fouiul  iu  tho  apology,  as  it  is  termed  in 
describin}^  tho  exit  from  our  iiorts  of  tho  Alabama  and  other  ships  of  that  kind.  I 
cannot  help  thinking  that  was  an  niif^uarded  expression,  whicli  may  affect  tho  course 
of  tho  future  arbitration.  I  can  easily  im.agiuo  that  in  some  minds  tho  word  'escape' 
would  be  construed  unfavorably  to  this  country,  for  it  means  that  something  has  got 
aAvay  which  might  have  been  retained.  We  speak  of  the  escape  of  a  prisoner ;  and 
tho  meaning  of  the  term  is  that  there  was  power  to  prevent  the  escape,  and  that  the 
escape  hapi)oned  in  epito  of  it." — Lord  Cairn's  {ex- Chan  cellar)  epccch  in  ihc  Hohig  of 
Lwds,  June  12, 1871.    iSce  London  Times,  June  13, 1871. 


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such  depi  seated  sense  of  wrong  in  the  United  States.  Over  much  of 
this  feeling  the  kindly  expression  of  regret  in  the  Treaty  of  Washington 
has  forever  cast  the  mantle  of  oblivion. 

The  reports  of  the  diplomatic  and  consular  ofiicers  of  the  United 
States,  made  from  the  British  dominions  to  their  Government  during 
the  war,  which  are  printed  in  the  volumes  which  will  accompany  this 
case,  are  full  of  proof  of  a  constant  state  of  irritating  hostility  to  the 
United  States,  and  of  friendship  to  the  insurgents  in  the  several  com- 
munities from  which  they  ate  written.  These  dispatches  are  interesting, 
as  showing  the  facilities  which  the  complicity  of  the  community  often, 
if  not  always,  gave  to  the  schemes  of  the  insurgents  for  violating  the 
sovereignty  of  Great  Britain.  The  reports  from  Liverpool,  Nassau, 
Bermuda,  and  Melbourne  are  especially  interesting  in  this  respect,  and 
tend  to  throw  much  light  on  the  causes  of  the  differences  which  are,  it 
is  to  be  hoped,  to  be  forever  set  at  rest  by  the  decision  of  this 
Tribunal. 

*As  soon  as  the  authorities  who  were  directing  at  Kichmond  the  [218] 
fortunes  of  the  insurgents  were  sure  that  their  right  to 
carry  on  a  maritime  war  would  be  recognized  by  Great 
Britain,  their  Secretary  of  ihe  Navy  recommended  to  Mr. 
Jefl'ersou  Davis  to  send  an  agent  to  Great  Britain  for  the 
pur^'ose  of  contracting  for  and  superintending  the  construct- 
ion of  menof-war ;  and  Mr.  James  Dunwoody  Bullock,  who 
had  been  an  oiflcer  in  the  Navy  of  the  United  States,  was, 
in  accordance  with  that  recommendation,  sent  there  in  the 
summer  of  1361,  and  entered  upon  his  duties  before  the 
autumn  of  that  year.  Mr.  North,  also  formerly  of  the  United  States 
Navy,  was  empowered  "  to  purchase  vessels"^  for  the  insurgents;  and 
Mr.  Caleb  Huse,  formerly  of  the  Ordnance  Department  of  the  Army  of 
the  United  States,  was  sent  to  London  for  "the  purchase  of  arms  and 
munitions  of  war."^  Mr.  Bullock,  Mr.  North,  and  Mr.  Huse  continued 
to  discharge  their  duties  during  most  of  the  struggle,  and  served  the 
purposes  of  those  who  sent  them  there,  with  intelligence  and  activity. 

The  means  lor  carrying  on  these  extensj^^o  operations  were  to  be 
derived  from  the  proceeds  of  the  cotton  crop  of  the  South.  It 
will  probably  *be  within  the  personal  recollection  of  the  several  [219] 
gentlemen,  members  of  the  Tribunal,  that  in  the  year  I860'  the 
world  was  dependent  upon  the  fields  of  the  insurgent  States  for  a  large 
portion  of  its  supply  of  cotton,  and  that,  when  the  blockade  was  estab- 
lished by  th^  United  States,  a  large  part  of  the  crop  of  1860  was  still 
unexported.*  This,  and  all  subsequent  crops  that  might  be  produced 
during  the  struggle,  would  yield  their  value  in  gold  as  soon  as  landed 
in  Liverpool. 

The  insurgent  agents  took  advantage  of  this  fact.  They  secured, 
through  their  assumed  authority  as  a  Government,  the  control  of  so 
much  as  might  be  necessary  for  their  imrposes,  and  they  early  made 
arrangements  for  a  credit- in  Liverpool  upon  the  faith  of  it. 


nrttifih  portH  the 
bnse  of  insurgent  ofi- 
ertitions;  a  partial 
honpitality  shown  to 
the  insurgents;  a 
branch  of  their  Gov- 
ernment estnbliHhett 
in  Liverpool;  their 
Government  vessels 
officially  aided  in 
evading  the  blockade 
and  in  furninhing 
them  with  nrms,  mu- 
nitionu,  anct  means 
for  carrying  on  the 
struggle. 


» Walker  to  Green,  Ist  July,  18C1,  Vol.  VI,  page  3b. 

"^ "  It  was  estimated  that  only  about  750,000  bales  at  most  of  the  crop  of  1860  re- 
mained on  hand  in  the  South  when  the  blockade  began.  The  crop  ot  1861  was  about 
2,750,000  bales— a  little  more  than  half  the  total  quantity  consumed  in  1860— and  this 
supply,  or  eo  much  of  it  as  could  be  properly  picked,  cleaned,  and  baled,  would,  to- 
gether with  what  remained  Jfrom  the  previous  year,  have  been  available  for  exportation 
m  the  winter  and  spring  of  1861-'62.  The  quantity  actually  sent  abroad,  however,  up 
to  July  or  August,  1862,  was  reckoned  not  to  exceed  50.000  bales,  the  great  bulk  of 
which,  but  not  the  whole,  went  to  England." — Bernard's  Neutrality  of  Great  Britain, 
page  286. 


Bi'  much  of 
^^ashington 

the  United 
ent  during 
npany  this 
ility  to  the 
veial  com- 
ntereating, 
inity  often, 
)lating  the 
)1,  Nassau, 
jspect,  and 
hich  are,  it 
on  of  this 

I  the  [218] 
lit  to 

L  by  Great 
led  to  Mr. 
:ain  for  the 
J  construct- 
iillock,  who 
itates,  was, 
liere  in  the 
before  the 
ited  States 
^ents;  and 
le  Army  of 
f  arms  and 

continued 
served  the 

activity, 
tvere  to  be 

It 
eral    [219] 

the 

for  a  large 
was  estab- 
0  was  still 

produced 

as  landed 

y  secured, 
itrol  of  80 
arly  made 


p  of  1860  re- 
1  was  about 
30— and  this 
i,  would,  to- 
exportation 
however,  up 
eat  bulk  of 
reat  Britain, 


PERFORM   ITS  DUTIES   AS   A  NEUTRAL. 


91 


Tlipfirni  ofFra*?!, 
Trcliliulin  &.  Cu. 


It  SO  happened  that  there  was  at  Charleston,  at  that  time,  a  well- 
established  commercial  house,  doing  business  under  the 
name  of  John  Fraser  &  Co.    The  head  of  this  firm  wjis 

George  A.  Trenholm,  of  Charleston.  Another  prominent  member 
[220]  *was  Charles  K.  Prioleau,  also  a  citizen  of  the  United  States. 
Before  or  about  i  !ie  time  the  insurrection  broke  out,  and,  as  the 
United  States  believe,  in  anticipation  of  it,  this  house  established  a 
branch  in  Liverpool,  under  the  name  of  Fraser,  Trenholm  &  Co.  Pri- 
oleau was  dispatched  thither  to  take  Charge  of  the  Liverpool  business, 
and  became,  for  purposes  that  may  easily  be  imagined,  a  naturalized 
British  subject.  George  A.  Trenholm  remained  in  Charleston,  and,  in 
due  course  of  time,  became  the  Secretary  of  the  insurgent  Treasury, 
and  a  member  of  the  so-called  Government  at  Eichmonu  An  arrange- 
ment was  made  by  which  the  cotton  of  the  insurgent  authorities  was  to 
be  sent  to  Fraser,  Trenholm  &  Co.,  to  be  drawn  against  by  the  purchas- 
ing agents  of  the  insurgents.' 

The  first  amount  (flve»hundred  thousand  dollars)  was  placed  to  their 
credit  in  Liverpool,  somewhere  about  the  month  of  May,  or  early  in  June, 
1861 ;  and,  under  the  name  of  "  depositories,"  Fraser,  Trenholm  &  Co.  re- 
mained a  branch  of  the  Treasury  of  the  insurgent  Government. 
[221]  *Thu8  there  was  early  established  in  Great  Britain  a  branch  of 
the  War  Department  of  the  insurgents,  a  branch  of  their  Navy 
Department,  and  a  branch  of  their  Treasury,  each  with  almost  plenary 
powers.  These  things  were  done  openly  and  notoriously.  The  persons 
and  places  of  business  of  these  several  agents  were  well  known  to  the 
communities  in  which  they  lived,  and  must  have  been  familiar  to  the 
British  officials.  If  there  was  any  pretense  of  concealment  in  the  outset 
it  was  soon  abandoncid. 

On  the  22d  of  July,  18G1,  Uuso  writes  to  the  officer  in  charge  of  the 
insurgent  Ordnance  Department,  complaining  of  the  activity  of  the 
agents  of  the  United  States  in  watching  and  thwarting  his  movements. 
"  It  is  difficult,"  he  says,  "  for  a  stranger  to  keep  his  actions  secret  when 
spies  are  on  liis  path."  lie  says  that  ho  shall  have  ready,  by  the  1st  of 
August,  some  of  the  goods  that  had  been  ordered  on  the  17th  of  the 
previous  April,  and  more  by  the  1st  of  October,  and  that  "  the  shipping 
of  the  articles  will  be  left  in  the  hands  of  the  Navy  Department."^ 
On  the  18th  of  September,  the  steamer  "Bermuda"  ran  the  blockade, 
and  arrived  at  Savannah  with  "  arms  and  munitions  on  board.'" 
[222]  She  came  *from  Fraser,  Trenholm  &  Co.,  consigned  to  John  Fraser 
&  Co.  Infornuitiou  of  the  character  and  purposes  of  this  steamer, 
and  of  the  nature  of  her  freight,  had  been  given  to  Lord  Kussell  by  Mr. 
Adams  on  the  15th  of  the  previous  August,*  and  he  had  declined  to 
"  interfere  with  the  clearance  or  sailing  of  the  vessel."'  On  the  fourth 
day.  after  her  arrival  at  Savannah  her  consignees  offered  to  charter  her 
to  the  insurgents,  and  the  offer  was  accepted."" 

' "  Of  twenty  steamers,  which  were  said  to  have  been  kept  plying  in  1863  between 
Nassau  and  tv,  o  of  the  blockaded  ports,  seven  belonged  to  a  mercantile  firm  at  Charles- 
ton, who  had  a  branch  house  at  Liverpool,  and  through  whom  the  Confederate  Gov- 
ernment transacted  its  business  in  England."  "  The  name  of  the  Charleston  Urm  was 
John  Fraser  &  Co. ;  that  of  the  Liverpool  house,  Fraser,  Trenholm  &  Co.  Of  the  five 
members  of  the  house,  four,  I  believe,  were  South  Carolinians,  and  one  a  British  sub- 
ject."— Bernard's  Neutrality  of  Great  Britain,  page  289  and  note,  Tlie  British  subject 
referred  to  by  Mr.  Bernard  was  Prioleau,  naturalized  for  the  purpose. 

*  Huse  to  Gorgas,  Vol.  VI,  page  33. 

»Lawton  to  Cooper,  20th  September,  1861,  Vol.  VI,  page  3G. 

<  Adams  to  Russell,  Vol.  I,  page  760. 

<■'  Russell  to  Adams,  Vol.  I,  page  762. 

•0  Benjamin  to  John  Fraser  &  Co.,  27th  September,  18G1,  Vol.  VI,  page  37. 


■■(«; 


WHMt 
I 


^ 
\ 


'31 


^i!'' 


92 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


r^JrS:  I  . 


1., 

1 1, 


■■I .' 


1 


:'  '     ifi        I 


l!'l 


CharnrtPr   cf 
tflockndeil  cua^t. 


The  experieiico  of  the  "  Bermuda,"  or  the  difficulties  which  she  eu- 
couutered  in  running  the  blockade,  seem  to  have  induced  the  insurgent 
authorities  to  think  that  it  would  be  well  to  have  some  surer  way  for 
receiving  the  purchases  made  by  their  agents  in  Liverpool.  The  strin- 
gency of  the  blockade  established  by  the  United  States,  and  the  nature 
of  the  coast  that  was  blockaded,  made  it  necessary  to  have  a  set  of 
agents  in  the  West  Indies  also. 

The  coast  of  the  United  States,  from  Chesapeake  liay  to  the  Mexican 
frontier,  is  low,  with  shoaly  water  extending  out  for  some  dis- 
tance to  sea.  A  range  of  islands  lies  oft"  the  coast,  from 
Florida  to  Charleston,  and  islands  also  lie  oft"  Wilmington  and 
*tho  coast  to  the  north  o+'it.  The  wfitcrs  within  these  islands  are  [223] 
shtallow,  affording  an  inland  navigation  for  vessels  of  light  draught. 
The  passages  to  the  sea  between  the  islands  are  generally  of  the  same 
character.  The  outlying  frontier  of  islands,  or  of  shallow  waters,  is 
broken  at  Wilmington,  at  Charleston,  and  at  Savannah.  At  these  three 
points  large  steamers  can  approach  and  leave  th«  coast ;  but  these  points 
were  at  that  time  guarded  by  the  blockading  vessels  of  the  United  States, 
so  as  to  make  the  approach  difficult.  Vessels  not  of  light  draught  and 
great  speed  were  almost  certain  of  capture;  while  vessels  of  such  draught 
and  speed  could  not  carry  both  coal  and  a  (?argo  across  the  Atlantic. 

To  avoid  this  risk  it  was  resolved  to  send  the  purchases  which  might 
be  made  in  England  to  Nassau  in  British  bottoms,  and  there  transship 
them  into  steamers  of  light  draught  and  great  speed,  to  be  constructed 
for  the  purpose,^  Avhich  could  carry  coal  enough  for  the  short  passage 
into  the  waters  that  connected  with  either  Charleston,  Savannah,  or 
Wilmington.  The  iirst  oi'der  from  Eichmond  that  is  known  to  have 
been  given  for  such  a  shipment  is  dated  the  22d  of  July,  I86I.2 

The  attention  of  the  IVibunal  of  Arbitration  is  *invited  to  the  [224] 
accompanying  map,  showing  how  admirably  the 
t>iro7°Na,'"au'ami  Brltlsh  ports  of  Nassau  and  Bermuda  were  adapted  for  the 
illegal  purposes  for  which  it  was  proposed  to  use  them. 
Nassau  was  surrounded  by  a  cluster  of  British  islands,  so  that  even  a 
slow-sailing  blockade-runner,  pressed  by  a  pursuing  man-of-war,  could 
in  a  short  time  reach  the  protection  of  British  waters.  Bermuda  had 
the  advantage  of  being  more  directly  off  the  ports  of  Wilmington  and 
Charleston.  Neither  Nassau  nor  Bermuda,  however,  was  more  than 
two  days  distant  from  the  blockaded  ports  for  the  swift  steamers  that 
were  employed  in  the  service.^ 

On  the  4th  of  October,  1801,  ]\Ii.  Benjamin,  writing  from  Richmond, 
and  signing  himself  as  "  Acting  Secretary  of  War,"  addressed  Mr.  Mallory 
as  "  Secretary  of  the  Navy,"  and  asked  if  he  could  "  spare  an  officer 
from  his  department  to  proceed  to  Havana  and  take  charge  of  funds 
there,  to  be  used  by  a^xents  of  this  department  in  the  purchase  of  small- 
arms  and  ammunition.'"' 

*Mr.  Lewis  Heyliger,  of  Now  Orleans,  was  apparently  desig-  [225] 
iiated  for  this  purpose.    On  the  30th  of  November,  1861,  he  takes 

'  Huso  to  Gorgas,  15th  March,  lS(i2,  Vol.  VI,  page  C)0. 

'i  Walkor  to  Huso  and  Anderson,  Vol.  VI,  pago  31. 

•'"The  British  Island  of  Now  Providence,  iu  the  Bahamas,  becatno  the  favorite  resort 
of  ships  employed  in  these  enterprises.  Situated  in  close  neighborhood  to  the  coast  of 
Morida,  and  within  three  days'  sail  of  Charleston,  it  offered  singular  facilities  to  the 
hlockade-runners.  The  harbor  of  Nassau,  usually  quiet  and  almost  empty,  was  soon 
thronged  with  shipping  of  all  kinds;  and  its  wharves  and  warehouses  became  an 
entrepot  for  cargoes  brought  thither  from  different  quarters.  Agents  of  the  Confed- 
erate Governmeut  resided  there,  and  were  busily  employed  in  assisting  and  developing^ 
the  traffic. — Iiernar(Va  Neutrality  of  Great  Britain,  page  S99. 

<  Benjamin  to  Mallory,  Vol.  VI,  page  39. 


PERFORM   ITS  DUTIES   AS  A  NEUTIMW.. 


93 


a  letter  from  Mr.  Beiijaiuiu  to  Mr.  Helm,  the  agent  of  ^e  insurgents  at 
Cardenas,  in  Cuba,  saying  that  ho  is  "  an  active  and  accomplished 
business  man ;"  that  be  is  to  aid  Helm,  "  whether  in  the  disposal  of  the 
cotton  or  the  arrangements  for  the  shipments;"  and  that  ''the  articles 
first  in  importance,  and  to  be  sent  in  preference  to  everything  else,  are 
small-arras  and  cannon  powder. "' 

Heyliger  went  to  Cuba,  and  in  a  few  days  after  was  transferred  to 
Nassau  to  take  charge  of  "  the  British  Steamer  Gladiator,  Commander 
G.  Q.  Bird,  with  a  cargo  for  the  Confederate  States."-  He  remained 
there  as  the  agent,  treasury  depositary,  and  representative  of  the  insur- 
gents during  the  rebellion. 

The  Gladiator  was  a  steamer  bought  and  fitted  out  in  England  under 
an  agreement  made  at  London,  October  24, 1861,  between  wi,at  wn»  joao  »t 
Mr.  T.  O.  Stock,  a  subject  of  Her  Majesty,  and  Mr.  Caleb  ""'"' 
Huse.'  The  evident  object  of  this  agreement  w^as  to  enable  her  to  sail 
under  the  British  flag,  although  owned  by  the  insurgents.  She  was  to 
take  out  five  hundred  tons  of  goods,  and  was  "  to  proceed  to  a  port 
[220]  in  the  *Confederate  States  or  an  intermediate  port."  No  con- 
cealment of  her  object  or  destination  was  made  in  England.*  She 
arrived  at  Nassau  from  London  on  the  9th  of  December,  1801."' 

The  day  after  she  arrived  there  a  United  States  vessel  of  war  came 
into  the  port.  Heyliger,  finding  that  this  vessel  would  not  leave,  and 
that  therefore  the  Gladiator,  which  was  slower  than  the  man-of-war, 
could  not  leave  with  safety,  represented  to  the  British  authorities  that 
such  a  course  "  would  tend  to  cut  oif  the  trade"  which  the  insurgents 
desired  to  divert  to  Nassau,  and  that  he  thought  "  some  step  should  be 
adopted  to  remind  him  [the  commander]  that  he  is  infringing  on  the 
laws  of  hospitality."  He  reported  this  to  Richmond  and  added,  "  I  have 
reason  to  know  that  these  arguments  have  not  beer^  without  their  effect, 
inasmuch  as  the  matter  was  incidentally  discussed  at  a  meeting  of  the 
Council  the  other  day ;  and  I  really  believe  that  in  the  course  of  a  week 
or  two  some  action  will  be  taken  to  impress  the  captain  of  the  enemy's 
vessel  with  the  conviction  that  his  absence  will  be  preferable  to  his 
company."  "  We  have  succeeded,"  he  continued,  "  in  obtaining  a  very 
important  modification  of  the  existing  laws,  viz:  the  privilege  of 
[227]  breaking  bulk  and  transshipmenV^^  *That  modification  was  all  that 
the  insurgents  wanted.  That  privilege  converted  the  port  of 
Nassau  nito  an  insurgent  port,  which  could  not  be  blockaded  by  the  naval 
forces  of  the  United  States.  Further  stay  of  the  United  States  vessels 
of  war  was  therefore  useless.  The  United  States  ask  the  Tribunal  to  find 
that  this  fict,  being  a  permission  from  the  British  authorities  at  Nassau, 
enabling  a  vessel  ciiartered  by  the  insurgents,  and  freighted  with  articles 
contraband  of  war,  to  diverge  from  its  voyage,  and  to  transship  its  cargo 
in  a  British  port,  when  not  made  necessary  by  distress,  was  a  violation 
of  the  duties  of  a  neutral. 

On  the  27th  of  January,  18G2,  Maflfitt,  an  officer  in  the  service  of  the 
insurgents,  (the  same  who  afterward  commanded  the  Florida,)  was  sent 
to  take  command  of  the  Gladiator  as  an  insurgent  vessel,''  (although 
under  British  colors,)  and  on  the  30th  of  January,  1802,  a  portion  of  the 

'  Bonjuiiiiu  to  Helm,  Vol.  VI,  page  43. 

J  Holm  to  Hcyligor,  20th  Dwciubor,  1861,  Vol.  VI,  page  51. 

^  See  the  agroeinent,  Vol.  VI,  page  42. 

*  Adams  to  Seward,  Vol.  I,  pa^o  769. 

B  Whiting  to  Seward,  10th  December,  1861,  Vol.  VI,  page  44. 

"Heyliger  to  Benjamin,  27th  December,  1861,  Vol.  VI,  page  55. 

■>  Bei\jamin  to  MafBtt,  27th  January,  1862,  Vol.  VI,  page  57. 


11 


ill 


;1 


^:t 


m 


l^: 


94 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


:t. 


•I  ,■ 


|.n-:t. 


Gladiator's  valuable  cargo  was  transshipped  to  the  "  Kate,"  a  small 
steamer  sailing  under  British  colors,  and  eventually  all  wont  in  the 
same  way.  In  the  dispatch  announcing  the  transfer  to  the  "  Kate," 
Heyliger  said  :  "  You  may  readily  imagine  how  intensely  disgusted  the 
Yankees  are  at  this  partiality,  as  they  style  it.  It  is  called  another 
flagrant  violation  of  neutral  rights.  *  *  My  relations  with 
*the  authorities  here  are  of  the  most  friendly  character.  I  receive  f228J 
many  marked  attentions,  which  I  value  as  going  to  show  the  iu- 
(ireased  cordiality  of  feeling  toward  the  Confederate  Government.'" 

The  United  States  are  not  able  to  say  what  "  ett'ect"  the  colonial 
authorities  of  Nassau  induced  Heyliger  to  tliink  would  come  from 
his  "  arguments."  They  point  out,  however,  to  the  Tribunal  of  Arbi- 
tration the  fact,  that  in  about  one  month  after  that  time,  viz,  on  the  Slst 
day  of  January,  18G2,  l<]arl  Eussell  informed  the  Lords  Commissioners 
of  the  Admiralty  that "  during  the  continuance  of  the  present  hostilities 
*  *  *  *  no  ship  of  war  or  privateer  belonging  to  either  of  the 
belligerents  shall  be  permitted  to  enter  or  remain  in  the  port  of  Nassau, 
or  in  any  other  port,  roadstead,  or  waters  of  the  Bahama  Islands,  except 
by  special  leave  of  the  Lieutenant  Governor  of  the  Bahama  Islands,  or 
In  case  of  stress  of  weather."^ 

An  order  more  unfriendly  to  the  United  States,  more  directly  in  the 
interest  of  the  insurgents,  could  not  have  been  made,  even  if  founded 
upon  Heyliger's  friendly  intimations  to  the  Colonial  Authorities.  Under 
the  construction  practically  put  upon  it,  the  vessels  of  war  of  the 
United  States  were  excluded  from  this  harbor  for  any  *purpose,  [229] 
while  it  was  open  for  free  ingress  and  egress  to  vessels  of  the 
insurgents,  purchased,  or  built,  and  owned  by  the  authorities  at  Eich- 
mond,  bringing  their  cotton  to  be  transshipped  in  British  bottoms  to 
Fraser,  Trenholm  &  Co.,  in  Liverpool,  and  taking  on  board  the  cargoes  of 
arm  8  and  munitions  of  warwhich  had  been  dispatched  thither  from  Liver- 
pool. The  Tribunal  of  Arbitration  will  not  fail  to  observe  that  this  was 
no  British  commerce  which  had  existed  before  the  war,  and  which  the 
neutral  might  claim  the  right  to  continue.  It  was  to  a  large  extent  the 
commerce  of  the  authorities  at  Richmond — carried  on  in  their  own  vessels, 
and  for  their  own  benefit — and  consisted  of  the  export  of  cotton  from 
the  South  on  account  of  the  soc?Med  Government,  and  the  return  of 
arms,  munitions  of  war,  and  quartermaster  stores  from  Great  Britain, 
for  the  purpose  of  destroying  the  United  States — a  nation  with  which 
Great  Britain  was  at  [peace.  The  United  States  oonfldently  insist  that 
Great  Britain,  by  shielding  and  encouraging  sueh  a  commerce,  violated 
its  duties  as  a  neutral  toward  the  United  States. 

It  is  a  most  unpleasant  duty  of  the  United  States  to  call  the  atten- 
The  unite.ist,itp,  tion  of  the  Tribunal  of  Arbitration  to  the  fact  that,  at  the 
St'r".;i'ut'Nal>  very  time  of  ihis  aflair  of  the  Gladiator,  another  mat- 
ter was  going  *on  in  the  same  port,  which  furnished    [230] 
a  coinmeiktary  on  the  ideas  of  neutrality  entertained  by  the  Co- 
lonial Authorities. 

The  day  after  the  arrival  of  that  vessel,  the  United  States  Consul  at 
Nassau  wrote  to  his  Government  thus :  "  The  coal  which  is  being  landed 
here  for  Government  has  caused  great  excitement  among  the  Nassau 
njasses,  and  a  deputation  visited  Governor  Nesbitt  yesterday  to  remon- 
str.ate  against  its  being  landed."^    The  remonstrances  were  successful. 


'  Heyligorto  Benjamin,  30th  January,  1H62,  Vol.  VI,  page  48. 

» Vol.  VI,  page  175. 

■■>  Whiting  to  Sew.inl,  Vol.  VI,  page  44  ;  Vol.  I,  page  696. 


PERFORM   ITS  DUTIES   AS   A   NEUTRAL. 


95 


On  tho  sjimo  day  the  Colonial  Secretary  wrote  to  the  Consul  that  the 
coal  could  be  admitted  only  "  on  the  express  condition  and  understand- 
ing that  such  coal  should  not  afterward  be  reshipped  or  otherwise  used 
in  any  manner  which  may,  in  the  opinion  of  the  law  authorities  of  the 
Colony,  involve  a  breach  of  Uer  Majesty's  Proclamation  of  the  loth  of 
May  last,  and  particularly  that  .such  coal  shall  not  he  uned  for  the  xmrpoHG 
of  coaling,  or  affording  facilities  for  coaling,  at  this  port,  the  vessels  of  tear 
of  the  United  States  Navy,  during  the  continuance  of  the  hostilities^'^  ^ 
The  sincerity  of  the  desire  of  tho  Colonial  Authorities  to  obey  Her 

Majesty's  Proclamation  may  be  estimated  from  the  following  facts : 
[231]    1.  That  that  Troclamation  inhibited  Her  Majesty's  •subjects  from 

"  breaking,  or  endeavoring  to  break,  any  blockade  lawfully  or 
actually  established  by  or  on  behalf  of  either  of  the  said  contending 
parties ;"-  yet  the  Colonial  Authorities  finding  that  the  Gladiator,  which 
had  been  chartered  to  break  a  blockade  established  by  the  United 
States,  •  Avould  probably  be  intercepted  by  the  vessels  of  the  United 
States,  permitted  the  cargo  to  bo  transshipped  into  smaller  steamers, 
with  the  avowed  purpose  of  breaking  that  blockade ;  2.  That  Her  Maj- 
esty's Proclamation  also  inhibited  British  subjects  from  "  carrying  mili- 
tary stores  or  materials,  or  any  article  or  articles  considered  and  deemed 
to  be  contraband  of  war,  according  to  the  law  or  modern  usage  of  na- 
tions, for  the  use  or  service  of  either  of  tho  said  contending  parties ;" 
yet  the  Colonial  Authorities  welcomed  the  Gladiator,  sailing  under  the 
IBritish  Hag  with  contraband  of  war  in  violation  of  the  Proclamation, 
and  permitted  her  to  shift  her  illeg-al  cargo  into  other  vessels,  in  like 
manner  using  the  British  flag  for  the  i)urpose  of  transporting  it  to  and 
on  account  of  a  belligerent.  3.  That  Hei  Majesty's  Proclamation  made 
no  mention  of  coal,  and  that  coal  is  not  regarded  by  Her  Majesty's 

Government  as  an  article  necessarily  contraband  of  war ;'  yet  tho 
1 232]    Government  of  the  *United  States  was  forbidden  by  the  same 

authorities,  in  the  same  week,  to  deposit  its  coal  at  Nassau,  ex- 
cept upon  tho  condition  that  it  would  not  use  it. 

The  United  States  have  no  reason  to  suppose  that  either  of  these 
partial  decisions  met  with  the  disapproval  of  Her  Majesty's  Govern- 
ment. 

On  the  contrary,  Earl  Eussell,  on  th6  8th  of  January,  1862,  in  reply 
to  a  complaint  from  Mr.  Adams  that  the  port  of  Nassau  coMipi.int»toE«ri 
was  used  as  a  depot  of  supplies  by  the  insurgents,  officially  "-"""""Jhii-repiy. 
informed  that  gentleman  that  he  had  received  *'  a  report  from  the  re- 
ceiver general  of  the  port  of  Nassau  stating  that  no  warlike  stores  have 
been  received  at  that  port,  either  from  Great  Britain  or  elsewhere,  and 
that  no  munitions  of  war  have  been  shipped  from  thence  to  the  Confed- 
erate States."^  The  United  States  with  confidence  assert,  in  view  of 
what  has  been  already  shown,  that,  had  Earl  Russell  seriously  inquired 
into  the  complaints  of  Mr.  Adams,  a  state  of  facts  would  have  been 
disclosed  entirely  at  variance  with  this  report — one  which  should  have 
impelled  Her  Majesty's  Government  to  suppress  what  was  going  on  at 
Nassau.  The  foregoing  facts  were  all  within  tho  reach  of  Her  Majesty's 

Government,  filthough  at  that  time  not  within  the  reach  of  the 
[233]    Gov*ernment  of  the  United  States.    The  failure  to  discover  them, 

after  Mr.  A.dam8  had  called  attention  to  them,  was  a  neglect  of 
the  diligence  in  the  preservation  of  its  neutrality,  which  was  "  due," 

'  Thompson  to  Whiting,  Vol.  VI,  page  45. 
'^  Vol.  I,  page  44.  » 

^  Lord  Granville  to  Count  BemstorfF,  15th  September,  1870. 
*  Russell  to  Adams,  Vol.  VI,  page  57. 


1 


V 


9G 


WHEREIN   GREAT  BRITAIN   FAILED   TO 


f, . 


i.«/' 


.      1 


ti  ii.'Xf 


from  Great  Britain  to  tlio  United  States;  and  it  taints  all  the  subse- 
quent conduct  of  Great  IJritain  toward  the  United  States  during  tlic 
struggle. 

On  the  31st  day  of  the  same  month,  instructions  issued  from  the  For- 
eign Office,  prescribing  the  amount  of  hospitalities  to  bo  extended  to 
the  belligerents. 

These  instructions  have  already  been  referred  to.  They  provided  that: 
1.  No  ship  of  war  or  i)rivateer  of  either  belligerent  was  to 
hn«Siii.''"''o''\i.'.!  be  permitted  to  enter  any  port,  roadstead,  or  water  in  the 
""' "°" ""  Bahamas  except  by  special  leave  of  the  Lieutenant  Gover- 

nor, or  in  case  of  stress  of  weather;  and  in  case  such  permission  should 
be  given,  the  vessel  was  nevertheless  to  be  required  to  go  to  sea  as  soon 
as  possible,  and  with  no  supplies  except  such  as  might  bo  necessary  for 
immediate  use.  2.  No  shij)  of  war  or  privateer  of  either  belligerent 
was  to  be  permitted  to  use  British  ports  or  waters  as  a  station  or  place 
of  resort  for  any  warlike  purpose,  or  for  the  purpose  of  obtaining  any 
facilities  of  ^rarlike  equipment.  3.  Such  ships  or  privateers  entering 
British  waters  were  to  be  required  to  depart  within  t\Venty-four 
hours  after  entrance,  except  *in  case  of  stress  of  weather,  or  re-  [234] 
quiring  provisions  or  things  for  the  crew  or  repairs ;  in  which 
cases  they  Avcre  to  go  to  sea  as  soon  as  possible  after  the  expiration  of 
the  twenty-four  hours,  taking  only  the  supplies  necessary  for  immediate 
use ;  they  were  not  to  remain  in  port  more  than  twenty -four  hours  after 
the  completion  of  necessary  repairs.  4.  Supplies  to  such  ships  or  pri- 
vateers were  to  be  limited  to  what  might  be  necessary  for  the  subsist- 
ence of  the  crew,  and  to  enough  coal  to  take  the  vessel  to  the  nearest 
port  of  its  own  country  or  to  some  nearer  destination ;  and  a  vessel  that 
had  been  supplied  with  coal  in  British  waters  could  not  be  again  sup- 
plied with  it  within  British  jurisdiction,  until  after  the  expiration  of 
three  months  from  the  date  of  the  last  supply  taken  from  a  British 
port.' 

Almost  simultaneously  witli  the  announcement  by  Earl  Russell  of  an 
imaginary  condition  of  aftairs  at  Nassau,  Lord  Palmerston 
stated  to  Mr.  Adams  that  "  it  would  no!,  do  for  the  United 
States  ships  of  war  to  harass  British  commerce  on  the  high  seas,  under 
pretense  of  i^reventing  the  Confederates  from  receiving  things  tliat  are 
contraband  of  war."^  Thus,  Great  Britain,  in  the  month  of  January, 
1862,  through  Earl  liussell  and  Lord  Palmerston,  and  the  in- 
structions to  the  Admiralty  ex*cluding  United  States  vessels  of  [235] 
war  from  the  port  of  Nassau,  except  by  permission  of  the  Gover- 
nor, virtually  said  to  the  United  States :  "  You  complain  that  the  insur- 
gents make  illegal  use  of  Nassau,  to  your  injury,  in  violation  of  the 
Queen's  Proclamation,  and  of  our  duties  as  a  neutral.  We  deny  the 
fact ;  at  the  same  time  we  exclude  your  vessels  from  that  port,  the  place 
where  you  can  best  establish  the  truth  of  your  allegations,  and  we  warn 
you  not  to  attempt  to  prove  them  by  examining  too  closely,  on  the  high 
seas,  the  vessels  which  sail  under  the  British  flag." 

Having  now  shown  how  the  operations  of  the  insurgents  began  at 
Nassau,  and  how  they  were  facilitated  by  the  co-operation  and  complicity 
of  the  local  authorities,  it  will  not  be  necessary  to  trespass  on  the  pa- 
tience of  the  Tribunal  of  Arbitration  by  a  similarly  minute  examination 
of  the  doings  at  that  port  for  the  rest  of  the  year  l8G2.  Other  vessels, 
freighted  with  contraband  of  war,  followed  the  Gladiator.  The  Econo- 
mist and  the  Squthwick  came  closely  ulion  her  track,  and  Heyliger  was 


Lord  P(iInH.'r^ton'i 
Ihreata. 


'  Vol.  IV,  page  175. 


<Earl  Russell  to  Lord  Lyons,  Vol.  II,  page  591. 


■  i  .1: 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


97 


tho  subse- 
iliiriiig  the 

m  tho  For- 
stended  to 

/idedthat: 
jnt  was  to 
ter  in  the 
ant  Govei- 
lion  should 
sea  as  soon 
cessary  for 
belligerent 
in  or  place 
;aining  any 
•s  entering 
four 

irre-    [234J 
hich 

:piration  of 
immediate 
hours  after 
hips  or  pri- 
the  subsist- 
the  nearest 
I  vessel  that 
!  again  sup- 
:piration  of 
1  a  British 

issell  of  an 
.vlmerston 
10  United 
seas,  under 
s  til  at  are 
January, 
in- 

sof    [235] 
Dver- 

the  insur- 
tion  of  the 
e  deny  the 
,  the  place 
id  we  warn 
)n  the  high 

began  at 
complicity 
on  the  pa- 
lamination 
ler  vessels, 
Che  Econo- 
jyliger  was 

ge59l. 


directed  to  do  with  their  cargoes  as  he  had  done  with  the  Gladiator's.* 
Iluse  was  also  instructed  to  continue  his  purchases,  and  to  send  to  tho 
West  India  Islands,  where  the  steamers  could  break  bulk.'*  Huso 
[23G]  called  the  atteutien  of  his  prin*cipals  to  the  efliciency  of  the 
blockade;  said  that  the  vessels  which  brought  tho  cargoes 
across  the  Atlantic  could  not  enter  the  blockaded  ports ;  urged  them  to 
continue  the  system  of  transshipment ;  a<id  complained  of  the  activity 
of  tho  United  States  officials.'  It  was  considered  important  to  have  a 
naval  officer  in  charge  of  tho  transshipments,  and  Mallitt  was  detailed 
for  tho  purpose.*  lie  arrived  there  on  or  about  the  21st  of  May,  and 
reported  that  he  had  assumed  commandof  the  Manassas,  [Florida ;]  which 
had  arrived  there  from  Liverpool  on  the  2Stli  day  of  April ;  said  that 
his  "  ambition  was  great ; "  and  promised  to  give  "  annoyance  to  the 
enemy.'"  In  ]May  tho  sui)i)ly  of  coal  for  the  insurgent  vessels  fell  short, 
and  lieyliger  went  to  Bermuda  to  buy  some.''  The  steps  taken  about 
this  time  for  the  detention  of  the  Florida  Avill  be  alluded  to  later. 

The  cargoes  of  contraband  of  war  that  were  tlius  transshipped  were 
entered  on  tlie  manifests  as  for  St.Mohn's,  New'Brunswick.    <„,„rnimnj or w«r 
It  could  not  but  have  been  well  known  at  tl»'  custom-house  liTNa^auibr'ilm^^^^^^^ 
that  this  was  a  fraud ;  yet  the  customs  authorities  wijikcd  '""'• 
at  tho  fraud,  and  gave  the  vessels  clearances  as  British  vessels  sailing 

for  British  ports.' 
[237]  *ileyliger  continued  to  report  the  transshipment  and  forward- 
ing of  these  arms  and  military  supplies.  lie  noticed  the  arrival 
and  depjuture  of  the  "  Kate,"  and  other  vessels,  on  account  of  th.e  in- 
surgent autliorities,  and  on  tlio  20th  of  July,  1802,  he  rei)orted  that  the 
"Steamer  Scotia,  a  private  venture,''"  was  about  to  leave  with  a  large 
sui)ply  of  rifles,  powder,  and  other  ammunition.  Ue  did  not  report  any 
otlier  "  private  venture,"  so  far  as  known  to  tlio  United  States. 

Tlio  oi)erations  of  Iluse  during  this  year,  and  his  shipments  through 
lieyliger,  are  detailed  as  follows  in  a  letter  to  Colonel  Gor-  „,,„„„o  cot  thn 
gas,  insurgent  Chief  of  Ordnance,  to  the  insurgent  Seere-  "'■'"  ""^-• 
tary  of  W;u",  dated  December  3, 18G1.\"  "  The  purchase  of  ordnance  and 
ordnance  .stores  in  foreign  marliets  o'l  Government  account  are  made 
by  Major  Caleb  Iluse,  C.  S.  Artillery,  a''»o  resides  in  Loudon,  and  whose 
address  is  No.  38  Clarendon  Koad,  NotMng  Hill,  London,  West.  Major 
Huse  was  detailed  for  this  duty  in  April,  1801.  *  *  *  Ho  has  pur- 
diased  arms  to  the  amount  of  157,000,  |  stands?]  and  large  quantities  of 
gunpowder,  some  artillery,  infantry  equipments,  harness,  swords,  per- 
cussion caps,  saltpeter,  lead,  &c.  In  addition  to  ordnance  stores, 
[238]  using  a  rare  forecast,  he  has  i)un'linsed  and  *shipped  large  suj)- 
pliesof  clothing,  blankets,  cloth,  and  shoes  lor  the  quartermaster's 
department,  without  si)ecitic  orders  to  do  so.  *  *  To  {lay  for  these 
purchases,  funds  have  been  from  time  to  time  sent  to  him  by  the 
Treasury  Department,  on  requisition  from  the  AVar  Department, 
amounting  in  tho  aggregate  to  $3,095,139  18»  These  have  been 
wholly  inadequate  to  his  wants,  and  have  fallen  far  short  of  our 
requisitions.     He  was  consequently  in  debt  at  latest  advices  to  tho 

'  Benjamin  to  lloyligcr,  22(1  March,  18()2,  Vol.  VI,  pago  71. 
«  Uunjiiiniii  to  IIiisc,  lOtli  March,  1(^)2,  Vol.  VI,  pago  (id 
=!  Hu80  to  Gorgas,  loth  March,  l>i(t2,  Vol.  VI,  pago  6i>. 
■«  Kamlolph  to  Heyliger,  11th  April,  18(12,  Vol.  VI,  pago  72. 
6  JIaiiitt  to  Raiulolph,  21st  M.ay,  IbGi,  Vol.  VI,  pago  83. 
6 lieyliger  to  Kaudolph,  28th  June,  18(52,  Vol.  VI,  pago  87. 
'  Ilawley  to  Soward,  27th  .June.  1863,  Vol.  VI,  page  127. 
*  Heyliger  to  Randolph,  Vol.  VI,  pago  92. 
'Gorgas  to  Seddon,  Vol.  VI,  page  104. 

S.Ex.31 7 


•wu. 


■It 


■Ii^ 


98 


WHEREIN   GREAT   BRITAIN   FAILED  TO 


ii^ 


nr 


Hit  III  11(1  iu 


amount  of  £Ul,8i"0,  a  sum  equivalent,  when  tlio  vnluo  of  exclinnp;o  is 
eonsidevtul,  to  )*(.">,U2r),4()2  of  our  (Murency.  •  •  An  iipfent,  Mr.  Norman 
S.  Walker,  was  lately  dispatched  with  $2,000,000  in  bonds  of  the  Con- 
federate States.  The  instructions  to  Mr.  Walker  direct  him  to  return 
to  iJermuda,  after  the  disposition  of  the  bonds  in  England,  and  after 
conference  witli  Major  Huso,  llo  is  to  remain  there  as  a  resident  dis- 
bursing agent,  aiul  is,  in  conjunction  Avith  Mr.  S.  G.  I'orter,  charged 
with  the  transfers  of  the  cargo  of  the  'Harriet  Pinkney,' nowtliere,  an(l 
other  ships  hereafter  to  arrive,  to  the  ports  of  the  Confederate  States. 
*  *  *  A  larg(!  part  of  the  cargoes  have  been  landed  at  Nassau,  ami 
thence  transmitted  to  the  ports  of  the  Confederate  States  in  fast  steam- 
ers. Their  destination  has  lately  been  chang(.'d  to  Bermuda,  where  sev- 
eral nu)st  valuable  cargoes  are  now  awaiting  transixutation.  It 
appears  to  mo  to  bo  the  appro*priate  duty  of  the  Navy  Depart-  [239] 
nn^nt  to  assist  in  the  running  in  of  these  cargoes ;  but  if  tlu^  burden 
of  it  is  to  be  borne  entirely  by  the  War  J)epartment,  it  is  highly  im- 
portant that  light-draught  steamers  should  l)e  purchased,  and  used  solely 
for  the  transi)ortation  of  cargoes  fnfin  Lermuda." 

This  change  to  liermuda  had  been  recommended  by  ITusc  in  the  pre- 
,„  vious  August.'  The  reason  given  was  that  "the  port  of 
Nassau  had  beconu?  dangerous;"  and  he  lunl  appointed  as 
agent  there  "  IMr.  S.  G.  Porter,  a  gentleman  highly  recommended  l)y 
Comnmnder  J,  U.  Bullock."  Gorgas  inquired  of  the  insurgent  Secre- 
tary of  War  whether  IJuse's  appointment  of  Porter  should  be  ap- 
proved,^ and  the  reply  is  to  be  found  in  the  above  extract.  Walker 
went  there  before  January  1,  ISO;},-' uml  ou  the  0th  day  of  February, 
1803,  it  was  reported  that  Bermiula  was  a  good  depot  for  the  purpose, 
and  that  the  insurgent  authorities  "  had  then  three  steamers  running 
there."^ 

Having  thus  shown  that  the  branch  of  the  insurgent  War  Depart- 
ment established  in  tireat  Britain  had,  during  the  years  1801  and  18G2, 
pui'chasedarms,  ammunition, 'and  supplies  to  the  amount  of  about 
nine  millions  of  dollars,  and  that  the  branch  *of  their  Treasury  [240] 
established  at  Liverpool  had  during  the  same  time  paid  on  ac- 
count of  these  i)urchases  over  three  millions  of  dollars,  and  that  vessels 
either  belonging  to  or  chartered  by  the  insurgent  authorities  were  occu- 
pied as  transpcnts,  (in  violation  of  the  Foreign  Enlistment  Act  of  1810,) 
in  carrying  this  large  quantity  of  war  material  from  British  ports  to  the 
insurgents,  and  in  bringing  back  cotton,  the  property  of  the  insurgent 
authorities,  to  be  used  in  making  ])aynients  therefor,  it  is  now  necessary 
to  see  wliat  the  branch  of  their  Navy  Department,  under  the  direction 
of  IjiUlock,  was  engaged  in  during  tlie  same  pei'iod. 

The  Unite'd  States  arc  not  able  to  trace  these  transactions  with  the 
minuteness  with  which  they  have  been  able  to  narrate  the  doings  of 
Duse  and  Heyliger.  The  correspouden(!e  of  those  who  assumed  to 
direct  the  naval  aliairs  of  the  insurgents  has  not  come  into  the  posses- 
sion of  the  United  States,  as  did  the  confidential  correspondence  of 
othej-  agents  heretofore  cited.  Bullock's  operations,  however,  were  on 
so  large  a  scale  that  it  will  not  be  dilUcult  to  follow  him.  In  doing  this 
the  United  States  will  confine  themselves  to  general  statements,  reserv- 
ing the  i)articulars  for  the  remarks  that  will  be  made  ujwu  the  career  of 
each  cruiser.  ,'      ;    '     .     '      ■"''': 

'  Husc  to  Gorgas,  4tb  August,  1862,  Vol.  VI,  pagf,  1)3. 
=  GorgaH  to  Randolph,  1st  November,  18G2,  Vol.  VI,  page  103. 
3  Gorgas  to  Husc,  1st  January,  18G.>,  Vol.  VI,  page  107. 
<-Gorga8  to  Husc,  Oth  February,  1863,  Vol.  VI,  page  111. 


PERFORM   ITS   DUTIES   AS   A  NEUTRAL. 


99 


er,  were  on 


LiiUock,  as  hafi  beoii  said,  establLsliod  himself  in  Liverpool  iu 

[2tl]    the  smniuer  of  ISOl.    The  United  •States  Consul  re-    wh.twn .,., 

IKirts  him  on  the  L'Oth  of  September  as  "residing  in  'i'-'^i-'Hyiini'-*. 
private  lodgings  in  Liverpool,"  and  as  being  "chielly  in  communication 
Avith  Fraser,  Treidiolm  &  Co.,  whoso  ofllco  ho  visits  daily."  I'riolcau, 
one  of  the  tirm  of  Fraser,  Treidiolm  &  (Jo.,  says  that  he  occupied  for  a 
year  after  hia  arrival  a  room  in  their  oUlco.' 

It  is  probable  that  as  early  -is  October,  18G1,  he  had  made  the  con- 
tracts for  the  two  gunboats  which  were  afterward  known  as  the  riori(la 
and  tho  Alabama.  Tho  drawings  of  the  Alabama  were  signed  by  tlio 
Lairds,  who  built  her,  on  the  0th  of  October,  J8<J1.  The  United  States 
have  no  means  for  determining  the  date  when  the  contract  was  made 
with  Fawcett,  Preston  &  Co.,  for  tho  Florida.  Their  Consul  at  Liver- 
pool has  stated  that  on  his  arrival  at  the  C(m  ulate  in  November,  18(51, 
his  attention  was  calhul  by  the  acting  consul  to  this  vessel,  tiien  called 
tho  Oroto,  and  to  tho  Alabama.  It  is  clear,  therefore,  that  the  work 
was  advanced  at  that  time.^  Prloleau  also  testifies  tiiat  he  introduced 
Bullock  to  Fawcett,  Preston  &  Co.',  for  the  i)urpose  of  nudcing  tho  con- 
tract for  the  Florida.-' 

By  the  4tli  of  February,  1802,  tho  Florida  was  so  nearly  completed 
that  the  Consul  at  Liverpool  wrote,  "  She  is  now  tak- 
[212]    ing  in  her  coal,  and  appear*ances  indicate  tliat  she 

will  leave  hero  tho  latter  i)art  of  the  week  without  her  arnmment." 
Her  gun-carriages  were  soon  taken  on  board,  in  pieces,  some  in  a  rough 
state,  suid  were  put  in  the  hold,''  and  a  day  or  two  later  she  received  her 
provisions,  and  the  crew  was  shipped.  The  steamer  Bahama  preceded 
her  by  a  few  days  with  her  arnujment,  but  reached  Nassau  alter  her. 

"NVlion  the  Florida  sailed  .she  took  a  crew  of  lilty-two  men  and  some 
guus,^  and  was  in  every  respect  a  man-of-war  except  that  her  arnuiment 
was  not  in  place.  It  was  conclusively  shown  at  Nassau  that, she  might 
have  boon  fitted  for  battle  iu  twouty-four  hours  after  leaving  tho  dock 
in  tho  Mersey.'^ 

The  vessel  in  that  condition  was  consigned  by  Bullock  to  Heyligei-.' 
Tho  connection  of  Bullock  with  tho  vessel  from  the  beginning  is  estab- 
lished by  this  act,  as  well  as  by  the  evidence  of  Prioleau.  TIh;  connec- 
tion of  Fraser,  Treuholm  &  Co.  is  shown  by  tho  admission  of  Prioleau, 
and  by  tho  fact  that  a  nuMubcr  of  that  lirm  accompanied  her  on  her  trial 
trip  and  on  her  departure." 

Mr.  Adams  called  tho  attention  of  Earl  Eussell  to  tho  (-harac- 
[243J  tor  and  destination  of  this  vessel  on  *tho  2()th  of  February,  and 
again  on  the  25th  of  March,  1801.  ller  Majesty's  Government 
had  ample  time  to  ascertain  her  character  and  to  detain  her.  They  did 
go  through  the  form  of  an  examination  which,  seen  in  tho  light  of  sub- 
sequent events,  reads  like  a  farce." 

The  work  on  tho  Alabanui  progressed  more  slowly  than  that  on  the 
Florida,  possibly  because  it  was  a  larger  vessel.    She  was 
launched  on  the  15th  of  May,  and  made  her  trial  trip  on  tho 
12th  of  June.'"    "  The  money  for  her  was  advanced  by  Fraser,  Treuholm 

»  Vol.  VI,  pajio  185.  ~ 

-  Dudley  to  Edwards,  Vol.  Ill,  page  17.  .  ,  , 

"Dudley  to  Seward,  Vol.  VI,  page  ItiO.  ■ 

*  Dudley  to  Seward,  Vol.  II,  paj>;o  593.  i , 

^  Report  of  Board  of  Customs,  Vol.  II,  page  G05. 

e  Captain  Hickley's  alHdavit,  Vol.  VI,  page  2&:i.^^gr-T""-- 

■>  Hevliger  to  Raudolpb,  2d  M.ay,  18G2,  Vol.  V^pr^ifWi»'S.}§j 

8  Dudley  to  Edwards,  Vol.  Ill,  page  17.        ^^ 

«  Vol.  II,  pages  595  and  604.  »    p.p.  jrtTWP^  A 

10 Dudley  to  Soward,  Vol.  Ill,  page  1.         R    DlDUUTnfcQ.A 


The  Alabama 


BIBUOTHECA 


^ttavien**^ 


■( ." 


100 


WHERKIN  GREAT  BRITAIN   FAILED   TO 


1 

■ 

.VA  »-.J 

fi 

i- 

It' 

}  :  , 

S 

!!   •■  'M 1 

.; 

ii  i  i  ^I'j'i  li 

i' 

1     '^^i' 
1 ' 

;''V 


'  i 

C" ' 


&  Co."'  Captain  Hiillock  was  "uU  tho  time  in  comninnioation  w*!!!! 
Fawcctt,  Trcston  iS:  Co.,  who  fitted  out  tlio  Oreto,  and  witli  tlio  Lairds, 
wlio  wt'it!  ilttiuj^f  out  tliis  vessel,"  and  went  "aim  wt  daily  on  board  the 
gun-boat,  and  seemed  to  bo  recognized  as  in  authoiity."  It  was  even 
said  in  Liverpool  that  he  was  to  command  her.*  Mr.  Adams,  on  the 
li.'id  of  June,  invited  Earl  Kussell'a  attention  to  this  vessel,  and  an  ex- 
amination was  ordered.  Tho  examiners  reported  to  tho  Lords  Commis- 
sioners of  Her  Majesty's  Treasury  that  it  was  "most  a])parent  that  she 
is  intended  for  a  ship  of  war,"  and  that  "  tho  description  of  her 
in  the  communication  of  tho  United  States  Consul  is  *most  cor-  [214] 
rect,  with  the  exception  that  her  engines  are  not  constructed  on 
the  oscillatory  principle."^ 

The  evidence  of  the  criminal  character  of  tho  vessel  became  so  over- 
whelming that  Iler  JMajesty's  Government  was  at  length  induced  togivo 
an  order  for  her  detention.  Ilefore  the  onler  reached  Liverpool  she  had 
escaix'd.  She  ran  down  to  Moelfra  IJay,  on  the  coast  of  the  Lsle  ot 
Anglesey,  and  there  took  on  board  twenty  or  thirty  men  from  the  tug 
Hercules,  with  the  knowledge  of  tho  IJritishotllcials  at  Liverpool.  She 
then  sailed  to  tho  Azores,  where  she  was  met  by  the  Agrippina  from 
London  and  tho  IJahama  from  Liverpool.  These  vessels  brought  her 
ollicers,  her  arnuuuents,  and  her  coal.  The  transshipments  were  ma<le, 
and  then  the  British  ensign  was  hauled  down,  and  the  insurgent  Hag 
hoisted. 

It  is  not  deemed  necessary  to  examine  further,  in  this  connection,  the 
evidence  showing  the  palpable  (iharacter  of  this  vessel,  especially  as 
Lord  Kussell,  in  the  course  of  the  discussion  which  ensued,  adinitted 
that  "if  is  xnuJouhiciUy  true  that  the  AUdmma  iros  partly  Jitted  out  in  a 
British  jjo)t."^    That  evidence  will  be  discussed  more  at  length  in  its 
appropriate  place.    For  the  present,  the  United  States  only  aim 
to  satisiy  the  Tribunal  that,  llagrant  *as  was  tiie  violation  of  nen-    [2-i~)] 
trality  in  the  case  of  the  Alabama,  it  was  but  a  i)art  of  the  great 
scheme  which  was  set  on  foot  when  Iluse,  IjuUock,  and  Fraser,  Treu- 
holm  cSs  Co.,  combined  together  in  Liverpool. 
The  operations  of  Captain  Bnllo(!k  were  manifest  about  this  time  in 

Th«  Sumter  at  Qnitc  auotlicr  quarter  of  the  globe.    The  insurgent  steamer 
ciiiMit.,.  Sumter  put  into  Gibraltar  in  January,  l.S(i2,  out  of  coal, 

and  not  being  able  immediately  to  obtain  any  was  obliged  to  remain 
there  until  United  States  men-of-war  arrived  in  those  waters.  Beeming 
it  impossible  to  escape  she  was  then  ottered  for  sale,  and  when  the  sell- 
ers came  to  make  title,  the  oiUcor  in  charge  produced  "a  power  of  attor- 
ney from  ji  certain  Bullock,  who  styles  himself  senior  naval  otlicer  in 
Europe."'  Great  Britain,  in  spite  of  the  protests  of  the  United  States 
oliicials,"  permitted  a  sale  to  take  place,''  and  it  is  not  improbable  that, 
if  the  sale  was  bona  fide,  the  money  went  to  the  insurgent  agents  to  swell 
the  fund,  for  tho  payment  of  the  Alabama  and  the  Florida,  then  in  the 
Mersey. 

The  Florida  at      Whcn  tlio  Florida  reached  Nassau,  it  was  again  found 
K,xi,ua.  necessary  to  depend  upon  the  Liverpool  combination  for 

funds. 
The  insurgent  Secretary  of  the  Navy  making  *application  to    [24GJ 

'  Dudley  to  Kd wards,  Vol.  HI,  pngo  18. 

2  Dudley  to  Adams,  Vol.  Ill,  imgo  G. 

'■^  Report  of  ]3(uird  of  Cn.stonis,  Vol.  Ill,  page  7. 

*  Earl -Russell  to  Mr.  Adams,  aOth  September,  18G4,  Vol.  Ill,  page  290. 

6  Spragxio  to  Adams,  9tli  December,  1862,  Vol.  II,  page  507. 

»Sprj,guo  to  Frceliug,  Vol.  II,  page  511. 

">  Sprague  to  Adams^  Vol.  II,  page  515. 


.  V'*'' 


PERFORM  ITS  DUTIES  AS  A  NEUTRAL. 


101 


rtiiilrnrtf  Ii>r  t'Ti- 
i*rrihtirt^  »!<(  li-dif 
(1.1,1.. 


their  Sociotary  of  the  Trotusuiy  for  fifty  thousand  HollarH,  to  fit  out 
and  cquin  th«  C.  S.  Stfauicr  "  Manassas,"  flMoriUaJ  "  n«>\v  at  Nas- 
sau,"' was  answered  that  "the  Dcpartnu'iit  had  funds  in  I'^n^^dand," 
and  that  ho  couhl  have  "a  bill  of  ex(;han;i;e  on  England  for  the  amount 
re(iuircd.'"  MaUory  accepted  the  su|H';,'estion,  and  requested  Meinniinjii'r 
to  "  transnut  to  Nassau,  tlirouf,di  Messrs.  J.  Fraser  »Sj  Co.,  of  (Jharh'ston, 
a  bill  of  exchan},'e  in  favor  of  liieutenant  John  N.  Mallitt,  for  Ulty  thou- 
sand dollarH,  (8'^<>,()U(),)  or  its  eijuivalent  in  pounds,'"'  which  was  done. 

The  construction  antl  dispat<'/h  of  these  vessels  were  by  no  means  all 
that  was  planned  in  Liverpool  during  that  year.  On  the 
I'lst  day  of  Auijfust,  18({U,  I^fallory,  the  insur;;ent  Secretary 
of  the  Navy,  wrote  IMr.  Jetferson  Davis:  *' A  contract  has  been  made 
for  the  conatriuitioH  abroad  and  delivery  of  six  ironclad  steam-vessfls,nf 
Avar,  upon  plans  and  specifications  prepared  by  this  departnu'iit,  which, 
with  the  outfits  to  be  furnished,  top^ther  with  six  complete  extra  en;,Mnc.s 
and  boilers,  are  estinnited  to  cost  about  8o,r)()l),()()t)."^  The  estimates  an- 
nexed to  this  letter  are  to  the  sanie  amount.  Tluis  it  ajtpear.s 
[247]  that,  before  the  Ist  of  *Jaiuniry,  1803,  liullock  had  <lispatched  I'nun 
Great  Lritaiu  two  formidable  cruisers,  the  Alabama  and  the 
Florida,  to  prey  ui)on  the  connnerco  of  the  United  States,  liad  sold  an- 
other cruiser  at  Gibraltar,  and  had  possibly  turned  the  proceeds  into 
the  Treasury  of  the  insur/j;ents,  at  the  ollice  of  Fraser,  Trenholm  &  Ct»., 
and  had,'  by  himself  or  throu},di  another  agent,  made  some  sort  of  a  con- 
tract for  the  construction  of  six  iron-clads;  and  that  Fraser,  Trenholm 
&  Co.  had  jirovided  the  funds  for  these  vessels,  and  also  for  what  was 
nece'ssary  in  order  to  comi)lete  the:  fitting  out  of  the  Florida  at  Nassau. 

Before  proceeding  further  in  this  history,  it  is  better  to 
pause  to  tiike  note  of  two  other  acts  of  the  Colonial  Author- 
ities, which,  so  far  as  known,  were  not  censured  by  Great  Britain.  The 
first  of  these  was  the  hospitality  extended  to  the  Sumter  in  Trinidad,  in 
August,  1801.  She  was  allowed  to  renuiin  five  days  in  port,  aiul  to 
"  supply  herself  with  coals  and  other  nwessary  t)Utfits."^  The  second  (;aso 
was  the  reception  of  the  Florida  at  Nassau,  in  JS03.  The  Florida  steamed 
int(>  Nassau  on  the  morning  of  the  20th  of  January,  in  that  year.  What 
took  place  is  thus  described  by  an  insurgent  writer:  "This     n...  Fiorua  ..t 

seems  to  be  our  principal  port  of  entry,  and  the  ''■'"'" 
[248J    amount  of  money  *  we  throw  into  the  hands  of  the  Nassauites  proh- 
ahhj  infiuences  their  sentiments  in  our  favor.     ^Ye  took  on  hoard 
coal  and  provisions  to  last  us  for  several  montlisJ''^ 

This  history  has  now  arrived  at  the  time  when  the  United  States  were 
in  a  position  to  confirm  to  Great  Britain  all,  and  more  than    ^^     ^ 
all,  that  Mr.  Adams  had  represented  to  Earl  Itussell  as  to  »•  '•.»  u, •''i''.r.-ZT« 

,  1    '  /•    J.1        •  J.        •        T  •  1  1     i  1  •        'i"-" '"  Karl  Uudsfll. 

the  course  oi  the  nisurgents  in  Liverpool,  and  to  place  in 
the  hands  of  Her  Majesty's  Govcriunent  the  thread  for  the  discovery  of 
all  the  violations  of  British  sovereignty,  and  of  all  the  Injuries  to  the 
United  States  perpetrated  on  British  soil,  which  have  been  set  forth  in 
this  paper.  On  the  19th  of  Jannary,  1803,  Mr.  Seward  transmitted  to 
3Ir.  Adams  "  a  copy  of  some  treasonable  correspondence  of  the  insni- 
geuts  at  Eichmond,  with  their  agents  abroad,  which  throws  a  flood  of 


Tin'  Ruiiitcr   nt 
Triniiliil. 


1 


n 


If 


li 


tVS%\ 


i' 


'  Miillory  to  Memminscr,  2()th  May,  18(52,  "Vol.  VI,  pago  84. 
=  Memminger  to  Mallory,  27th  May,  18f)2,  Vol.  VI,  85. 
3  JIallory  to  Mcnimiiigcr,  27th  May,  18G2,  Vol.  VI,  pago  85. 

*  Vol.  Vi,  pago  96.  See  also,  ou  tbb  Hamo  point,  Mulloiy  to  Mason,  30tb  October,  1662, 
Vol.  I,  pago  57;J. 
''  Bernard  to  Seward,  Vol.  II,  page  485. 
*^  Journal  of  Confederate  Steamer  Florida,  Vol.  VI,  page  335. 


.r5i!: 


102 


WHEREIN   GREAT   BRITAIN   FAILED  TO 


■UVi'il 


'•':| 


T.'jnl   Uut.-vll    Jo- 


Ui 


light  upon  tlio  naval  preparations  they  are  making  in  Great  Britain.'" 
On  the  9th  day  of  February,  1803,  Mr.  Auams  inclosed  this  correspond 
encf-  to  Earl  Kussell,  v.  ith  a  note  in  which  he  said — what  could  be  said 
without  the  least  exaggeration — "These  papers  go  to  show  a  deliberate 
attempt  to  establish  within  the  limits  of  this  Kingdom  a  system  of 
action  in  direct  hostility  to  the  Govewiment  of  the  *Un''  xd  States.  [249] 
This  plan  embraces  not  only  the  building  and  fitting  out  of  several 
ships  of  war  under  tin;  direction  of  agents  especially  coiruuissioued  for 
tlie  purpose,  but  the  preparation  of  a  series  of  measures  under  the  same 
aiisi)ices  lor  the  obtaining  from  Her  Majesty's  subjects  the  pecuniary 
means  essential  to  the  execution  of  those  liostile  projects.  #  *  * 
Taken  as  a  whole,  these  papers  serve  most  conclusively  to  show  that  no 
respect  whatever  has  been  paid  in  her  own  realm  by  these  parties  to  the 
neutrality  declared  by  Her  Majesty  at  the  outset  of  these  hostilities ; 
and  that,  so  tar  as  may  be  in  their  power,  tlK\y  are  bent  on  making  her 
Kingdom  subservient  to  their  purpose  of  conducting  hostilities  against 
a  nation  with  which  she  is  at  peace."^ 

Lord  Ivussell  delayed  his  answer  to  this  communication  exactly  one 
month.  On  the  9th  day  of  jMarch,  ISO.'J,  ho  made  a  reply, 
the  substance  of  which  was  that  Her  IMajesty's  Government 
would  not  examine  into  the  truth  of  Mr.  Seward's  and  Air.  Adams's  alle- 
gations, because,  even  if  they  were  true,  the  papers  which  had  been  sub- 
mitted by  Mr.  Adains  went  "merely  to  show  that  the  agents  of  the  so- 
called  Confederate  States  resident  in  this  country  [Great  Britain] 
have  received  instructions  from  their  own  Government  *to  en-  [250] 
deavor  to  raise  money  on  securities  of  that  Government  in  Eng- 
land, and^o  enter  into  contracts  for  the  purchase  of  munitions  of  war, 
and  for  the  building  of  iron-clad  vessels ;  but  there  is  no  2i*'oo/  in 
these  papers  that  the  agents  referred  to  have  as  yet  brought  themselves 
within  the  reach  of  any  criminal  law  of  the  United  Kingdom."^ 

In  order  fully  to  comprehend  the  force  of  this  answer,  it  is  necessary 
to  ask  the  Tribunal  to  pause,  for  the  purpose  of  inquiring 
into  AAhat  had  taken  places  between  the  two  Governments 
as  to  alleged  defects  in  the  Foreign  Enlistment  Act,  and  as 
to  the  necessity  of  amcnduig  it  so  as  to  give  the  Government  greater 
powers. 

It  was  found  when  the  Foreign  Enlistment  Act  of  1819  came  to  be 
put  into  oi)eration,  under  the  direction  of  a  Government  inspired  by  un- 
friendly feelings  toward  the  United  States,  that  tliere  were  ])ractical 
and  multiplying  difficulties  in  the  way  of  using  it  so  as  to  prevent  the 
departure  of  tlie  ci'uisers.  Earl  Ilussell,  as  early  as  March,  1802,  in  re- 
ply to  an  earnest  representation*  made  by  Mr.  Adams  under  instructions, 
said  that  "  the  duty  of  nations  inomlty  tcith  each  other  is  not  to  siifcr  their 
goodfaiih  tohe  violated  by  evil-disposed  persons  within  their  borders,  merely 
from  the  inefficiency  of  their  prohibitory  policy  P 

*  Within  a  few  months  alter  this  the  Alabama  escaped  from  the    [251] 
port  of  Liverpool,  and  never  returned.    The  openness  and  the 
audacity  with  which  this  was  done  seemed  at  one  time  to  induce  the 
British  Cabinet  to  entertain  the  idea  of  amending  the  Foreign  Enlistment 
Act. 

On  the  19th  day  of  December,  1802,"  Lord  Enssell,  in  reply  to  what 

'  Soward  to  Adams,  Vol  I,  page  54G. 

"  Adams  to  Russell,  Vf>l.  I,  page  502. 

3  Vol.  I,  piigo578.  .         \     - 

■*  Adams  to  Rus8cll,Vol.  I,  page  30. 

f'  Russell  to  Adams,  Vol.  I,  page  533. 

6  EuHscll  to  Adams,  Vol.  I,  page  CG7. 


Fi'i-'_'i(,-u     Kt.lintir.L'ht 
Art. 


[252] 


■li'm 


PERFORM  ITS   DUTIES   AS   A   NEUTRAL. 


103 


he  calleil  Mr..  Adams's  "  demand  for  a  more  effective  prevention  (or 
tbe  future  of  tlie  fitting  out  of  such  vessels  from  British 
ports,"informed  him  that  Her  Majesty's  Government  were  m^,r\^Z'''"v,n"Z 
of   ''opinion  that    certain  amendments    miaht  bo   nitro-  '^"'"'""™^ *'^'- 


opnnon 
duced  into  the  Foreign  p]nlistment  Act,  which,  if  sanctioned  by 


Par- 


hament,  wouUl  have  the  effect  of  giving  greater  jiower  to  the  Execu- 
tive to  prevent  the  construction  in  British  ports  of  ships  destined  for  the  use 
of  hellioercnts,^^  He  also  said  that  ho  was  ready  at  anytime  to  confer 
■with  Mr.  Adams,  and  to  listen  to  any  suggestions  which  he  might  have 
to  make  by  Avhich  the  British  Foreign  Enlistment  Act  and  the  corre- 
sponding Statute  of  the  United  States  might  be  made  more  eflicient  for 
their  purpose. 

Mr.  Adams  communicated  with  his  Government,  and,  having  obtained 
iustructioits,  informed  Lord  Eusscll  thai;  his  "  sugestions  of 

possible  amendments  to  the  enlistment  laws  in  oidor  to  iiinolil^-'ti^-'t  nnC- 
[252]   mak»  *them  more  effective  had  been  favorably  re-  "'"■ 

ceived.  Although  the  law  of  the  United  States  was  considered 
as  of  very  suflicient  vigor,  the  Government  were  not  umvilling  to  consider 
propositions  to  improve  upon  it."  Lord  Eussell  replied  that,  since  his 
note  was  written,  the  subject  had  been  considered  in  Cabinet,  and  the 
Lord  Chancellor  had  expressed  the  opinion  that  the  British  law  was 
sufliciently  etfective,  and  that  under  these  circumstances  he  did  not  see 
that  he  could  have  any  change  to  propose.' 

The  United  States  are  unable  to  state  what  amendments  to  the  For- 
eign Enlistment  Acts  of  the  two  countries  the  British  Government  might 
have  i)roposed  had  they  not  changed  their  minds  between  December, 
18G2,  and  March  1SG3.  It  is  to  be  ijresumed,  from  the  use  of  the  word 
"  construction  "  in  Lord  llussell's  note,  that  it  was  in  contemplation  to 
make  some  proposition  to  remedy  a  supposed  defect  in  the  British  stat- 
ute as  to  the  construction  of  a  vessel  intended  to  carry  on  war,  as  dis- 
tinguished from  the  ^^  equipping,  furnishing,  fUtinfi  out,  or  arming-^  such  a 
vessel.  It  was  understood  to  be  the  opinion  of  the  British  lawyers  that 
the  construction  of  such  a  vessel  was  not  an  offense  under  the  act 
of  1810.  It  is  also  possible  that  Her  Majesty's  Governujcnt  may 
[253J  have  *desired  to  give  the  Executive  in  Great  Britain  some  power 
similar  to  that  possessed  by  the  Executive  of  the  United  States 
for  the  arrest  of  vessels  so  constructed.  As  the  proposal  for  negotiations 
on  the  subject  was  withdrawn,  it  is  impossible  to  do  more  than  conject- 
ure what  was  contemplated. 

From  the  hour  when  Lord  Russell  informed  Mr.  Adams  that  the  Lord 
Chancellor  was  satisfied  that  the  British  laws  were  sullicieutly  effective, 
the  British  Government  resisted  every  attempt  to  change  the  laws  and 
give  them  more  vigor. 

]Mr.  Adams  again,  on  the  2Gth  of  March,  1803,  sought  an  interview 
with  Lord  llussell  on  the  subject  of  the  I'ebel  hostile  opera- 
tions in  British  territory.  What  took  place  there  is  de 
scribed  by  Lord  llussell  in  a  letter  written  on  the  following  day  to  Lord 
Lyons :  *  "With  respect  to  the  law  itself,  Mr.  Adams  said  either  it  was 
sufiBcient  for  the  purposes  of  neutrality,  and  then  let  the  British  Gov- 
ernment enforce  it;  or  Ureas  insufficient,  and  then  let  the  British  Govern- 
ment apply  to  rarliament  to  amend  it.    I  said  that  the  cabinet  were  of 

'  Adams  to  Seward,  Vol.  I,  pago  668. 

'Vol.  I,  paj^e  585.  Soe  also  Mr.  Hammond's  letter  to  Messrs.  L.amport  and  Holt  and 
others,  Vol.  I,  page  603;  also  Lord  Palmerston's  speech  already  cited,  Vol.  IV,  pago 
530. 


rropositio'is     rrt- 
neweii  niitl  dediuL'ti. 


m 


■-m 


m 


104 


WHEREIN   GEEAT  BRITAIN   FAILED   TO 


n  'r  1 


I, 


1^' 


'*ii 


111  ^^'•. 


lii 


opinion  that  the  law  was  sufficient,  but  that  legal  evidence  could  not 
always  be  procured ;  that  the  British  Government  had  done  everything 
in  its  i)ower  to  execute  the  law,  hut  I  admitted  that  the  cases  of 
*the  Alabama  and  Oreto  iccre  a  scandal,  and,  in  some  degree,  a  re-    [254] 
proach  to  our  laics.^'' 

The  Tribunal  of  Arbitration  will  thus  see  that  about  three  weeks  be- 
fore Earl  llussell  made  his  extraordinary  official  replj'  to  the  rei)resenta- 
tions  of  Mr.  Adams,  he  had  informed  Mr.  Adams  "  that  the  Lord  Chan- 
cellor had  expressed  the  opinion  that  the  British  [neutralityj  law  was 
suflBciently  eli'ective,  and  that,  under  these  circumstances,  lie  did  not 
see  that  he  could  have  any  change  to  propose"  ^  in  it.  It  will  also  now 
be  observed  that  when  that  declaration  was  made,  Mr.  Adams's  note  of 
■  February  0,  18(J3,  with  the  proof  of  the  complicity  of  the  insurgent 
agents  in  England,  had  l:een  in  Earl  Eussell's  portfolio  four  day?.  It 
will  also  be  observed  that  that  proof  established,  or  afforded  to  Earl 
EusscU  the  clue  by  which  he  could,  and,  as  the  United  States  say,  should 
have  satisfied  himself — 1.  "That  contracts  were  already  made  for  the 
construction  of  iron-clad  'fighting-ships'  in  England." ^  2.  That  Eraser, 
Trenholm  &  Co.  were  the  "depositaries"'  of  the  insurgents  in  Liverpool, 
and  that  the  money  in  their  hands  was  "  to  be  applied  to  the  contracts."^ 
3.  That  they  (P.,  T.  &  Co.)  were  to  pay  purchases  made  by  Mr. 
*Huse  and  other  agents.*  4.  That  other  contracts  for  the  con-  [255] 
struction  of  vessels  besides  those  for  the  six  ironclads  had  been 
taken  by  parties  in  Great  Britain.'  5.  That  parties  in  England  were 
arranging  for  an  insurgent  cotton  loan,  the  proceeds  of  which  were  to 
be  deposited  with  Eraser,  Trenholm  &  Co.  for  the  purpose  of  carrying 
«ut  all  these  contracts." 

When  the  United  States  found  that  the  proof  of  such  aggravated 
wrong  was  not  deemed  worthy  of  investigation  by  Her  Majesty's  Gov- 
ernment, because  it  contained  no  statements  which  could  be  used  as 
evidence  to  convict  a  criminal  before  an  English  Jury,'  they  were  most 
reluctantly  forced  from  that  time  forward,  throughout  the  struggle,  to 
believe  that  no  complaints  would  be  listened  to  by  Her  Majesty's  Gov- 
ernment which  were  not  accompanied  by  proof  that  the  persons  com- 
plained of  had  brought  themselves  "within  reach  o  the  criminal 
law  of  the  United  Kingdom;"  that  the  penal  *provisions  of  the  [25G] 
Foreign  Enlistment  Act  of  1819  were  to  be  taken  by  Great  Brit- 
ain as  the  measure  of  its  duty  as  a  neutial ;  ami  that  no  amendment 
or  change  in  that  act  was  to  be  made  with  the  assent  of  the  existing 
Government. 

They  earnestly  and  confidently  insist  before  this  tribunal,  that  this 
Ti,e.p  pro,pejinBs  dccisiou  of  Hcr  Majesty's  Government  was  in  violation  of  its 
obligations  toward  the  United  Slates ;  that  it  was  an  aban- 
donment, in  advance,  not  ovily  of  that "  due  diligence  "  which 


Were  ft  II  iiliimdMii 
nieni.  in  iuKmhi)',    iif 
**ilue  diiifcence." 


'  Vol.  I,  page  f)G8. 

"Malloiy  to  Mason,  Vol.  I,  page  fj73. 

'M(,'uiiiiin<;er  to  S[ience,  Vol.  I,  pago  574. 

*  Meiiiiiiinger  to  riuser,  Trcuholm  &.  Co.,  Vol.  I,  page  574 ;  anil  same  to  same.  Vol.  I, 
pagii  575. 

■''  Memorandum  No.  11,  in  Vol.  I,  page  572. 

6  Benjamin  to  Mason,  Vol.  I,  page  5G4.  Memminger  to  Mason,  Vol.  I,  page  565. 
Meunuiuger  to  Speuco,  Vol.  I,  page  574.  Memminger  to  Fraser,  Trenliolm  &  Co.,  Vol 
I,  page  574. 

'  It  i.s  supposed  to  bo  a  principle  of  English  law  that  a  person  accused  of  crinio  has 
the  right  to  have  the  witnesses  against  him  subjected  to  a  personal  cross-examination. 
The  absurdity  of  Earl  Russell's  position  is  shown  by  the  fact  that  every  witness  whose 
correBi)ondence  was  inclosed  in  Mr.  Adams's  note  of  February  9, 18G3,  was  then  iu  Rich- 
mond, behind  the  bayonets  of  General  Lco'h  army. 


[258] 


PERFORM   ITS  DUTIES  AS  A  NEUTRAL. 


105 


jame,  Vol.  I, 


TIio  AlexanJi^ 


is  defined  iu  the  Treaty  of  Washington  as  one  of  the  duties  of  a  neutral, 
l)ut  of  any  measure  of  diligence,  to  restrain  the  insurgents  from  using 
its  territory  for  purposes  hostile  to  the  United  States. 

Encouraged  by  the  immunity  afforded  by  these  several  decisions  of 
Her  Majesty's  Government,  the  insurgent  agents  iu  GreatBritain  began 
to  extend  their  operations. 

Early  in  April,  1863,  a  steamer,  called  the  Japan,  which  was  after- 
ward known  as  the  Georgia,  left  the  Clyde,  "  with  intent  to 
depredate    on    the   commerce    of  the    United    States."'  Theoeorpa. 

This  vessel  had  been  publicly  launched  on  the  10th  of  the  previous  Jan- 
uary as  an  insurgent  steamer,  at  which  time  a  Miss  North,  daughter 
of  a  Captain  North,  of  one  of  the  Confederate  States,  ofliciated 
[257]  as  priestess,  and  christened  thecraft*"Virginia.'''  "  Souieseventy 
or  eighty  men,  twice  the  number  that  would  be  required  for  any 
legitimate  voyage,  were  shipped  at  Liverpool  for  this  vessel,  and  sent 
to  Greenock." '  A  small  steamer  called  the  "  Alar,"  belonging  to  a  Brit- 
ish subject,  was  loaded  with  a  large  supply  of  guns,  shell,  shot,  ])o\vder, 
&c.,"^  and  dispatched  to  meet  her.  The  two  vessels  met  off  the  French 
coast ;  the  "  Alar"  was  made  fast  alongside  the  "Japan,"  and  iu  twenty- 
four  hours  the  whole  of  the  guns  and  ammunition  were  transferred.* 
The  "Japan"  then  dropped  her  Oriental  name,  hoisted  the  flag  of  the  in- 
surgents, and  steamed  away ;  one  day's  work  after  leaving  the  Clyde 
having  converted  her  into  an  arm<5d  cruiser.  It  was  not,  however,  until 
the  23d  of  the  follow  ing  June  that  her  British  register  was  canceled  and 
the  transfer  made  to  foreign  owners.^ 

Early  in  March,  18G3,  Miller  &  Son,  the  builders  of  the  Florida, 
launched,  at  their  yard  in  Liverpool,  a  now  gun-boat,  to  bo 
cjiUed  the  Alexandra.'^    The  evidence  of  the  hostile  uses  for 

which  this  vesselwas  intended  was  so  overwhelming  that  procecd- 
[258]  ings  were  instituted  against  her  for  a  violation  of  *tho  Foreign  En- 
listment Act."  In  the  trial  of  this  case  it  was  clearly  proved  that 
the  Alexandra  was  a  man-of-war,  and  that  she  was  constructed  tor  the 
purpose  of  carrying  on  hostilities  against  the  United  States."  But  the 
judge  instructed  tlie  jury  that  a  neutral  nught  "  make  a  vessel  and  arm 
it,  and  then  offer  it  for  sale""*  to  a  belligerent;  and  that,  n  fortiori,  "  if 
any  man  may  build  a  vessel  for  the  purpose  of  offering  it  to  either  of 
the  belligerent  Powers  who  is  minded  to  have  it,  may  he  not  execute  an 

'  Mr.  Adams  to  Earl  Kussell,  Vol.  II,  ])iijr(!  (JG(!. 

■  Undurwooa  to  Seward,  IGth  July,  180^5,  Vol.  VI,  pago  50.3. 

"Dudley  to  Mr.  Seward,  V»l.  II,  l>"go  (JG5. 

<Vol.  II,  pageGCG.  '. 

•>  Malion's  affidavit,  Vol.  II,  page  67.3. 

•■'Mr.  Adams  to  Earl  Russell,  7th  July,  1863,  Vol.  II,  page  677. 

7  Dudley  to  Seward,  11th  March,  1863,  Vol.  II,  page  liuti. 

8  Sec  Vol.  V,  pages  1  to  470. 

' "  The  cvidenec  as  to  the  building  and  fittings  of  tho  ship  proved  that  she  was 
strongly  built,  principally  of  teak-wood;  her  beams  and  hatches,  in  strength  and  dis- 
tance apart,  was  greater  than  those  in  merchant  vessels ;  t  ho  length  and  breadth  of  her 
hatches  were  less  than  the  length  and  breadth  of  hatches  in  merchant  vessels ;  her  bul- 
warks were  strong  and  low,  and  her  upper  works  Avere  of  pitch-piue.  At  the  time  of 
her  seizure  workmen  were  employed  iu  littiug  her  with  stanchions  for  hannuock  net- 
tings ;  iron  stanchions  were  fitted  iu  tho  hold ;  her  three  masts  were  up,  and  had  light- 
ning conductors  on  each  of  them  ;  she  wa«  provided  with  a  cooking  apjiaratus  for  l.'iO 
or^OO  people ;  she  had  complete  accommodation  for  men  and  oflicors ;  she  had  onlj'  stow- 
age room  sufficient  for  her  crew,  supposing  them  to  be  32  men  ;  and  she  was  appa- 
rently built  for  a  gnn-boa-t,  with  low  bulwarks,  over  which  pivot-guns  could  play. 
The  commander  of  Her  Majesty's  ship  Majestic,  stationed  at  Liverpool,  said  that  sho 
was  not  intended  for  mercantile  purposes."  {XeutraUty  of  Great  Britain  during  the 
American  Civil  War,  hy  Mountague  Bernard,  M,  A.,  page  353,  note  1.) 

"Vol.  V,pagol2S.  /  -■■■•' 


!i' 


M? 


SI 


'■'11 


-*>iiiii 


106 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


!' 

i 

■4 

■:h 

''I't 

,(■ 

■  ■;'  • 

,  1 ' 

.I't, 

;'j;    1 

order  for  it  F  He  also  instructed  them  that  "  to  '  equip'  is  '  to  furnish 
vith  anus ;'"  "  in  the  ease  of  a  ship,  especially,  it  is  to  furnish  and  complete 
with  anus  j"^  that  "'equip,'  'furnish,^  *fit  out,'  or  '  arm,'  all  mean 
inecisely  the  same  *thiny;;"  and  he  closed  that  branch  of  the  in-  [259] 
struct  ions  by  saying, "  the  question  is  whether  you  think  that  this 
vessel  was  fitted.  Anned  she  certainly  was  not,  but' was  there  an  inten- 
tion that  she  sliould  bo/flnished,  fitted,  or  equipped,  in  Liverpool  ?  Be- 
cause, gentlemen,  I  must  say,  it  seems  to  me  that  the  Alabama  sailed 
away  from  Liverpool  without  any  arms  at  all ;  merely  a  ship  in  ballast, 
unfurnished,  uneciuipped,  unprepared ;  and  her  arms  were  put  in  at  Ter- 
ceira,  not  a  port  in  llor  Majesty's  Dominions.  Tlie  Foreifju  Enlistment 
Act  is  no  more  violated  by  that  than  by  any  other  indiffrrcnt  matter 
tliat  might  happen  about  a  boat  of  any  kii'  '  whatever."  The  jury  gave 
a  verdict  without  delay  for  the  gun-boat.  .\.n  appeal  on  this  construc- 
tion of  the  statute  Avas  taken  to  a  higher  court.  The  rulings  of  the  judge 
on  the  trial  were  not  reversed,  and  the  decision  stood  as  the  law  of  Eng- 
land until  and  after  the  close  of  the  lebellion,  and  still  stands  as  the 
judicial  construction  of  the  act  of  1819. 

Tluis,  after  the  political  branch  of  Her  Majesty's  Government  had  an- 
The  ruihip.  ii.iho  nounced  its  puri)ose  of  limiting  its  duties  to  the  enforcement 
h!"'t'w'Lie,Tn K.1-  of  the  Foreign  Enlistment  Act,  and  had  practically  stripped 
li^umnt  A.!.  °  that  act  of  all  features  except  those  relating  to  the  prose- 
cution of  offenders  as  criminals,  the  judicial  branch  of  that  Gov- 
crumeut  emasculated  it  by  a  ruling  *\vhich  openly  authorized  the  [2G0] 
construction  of  new  Alabamas  and  of  new  Floridas. 

Contracts  were  also  made,  some  time  in  the  year  1S02,  for  the  construc- 
tion, at  Glsusgow,  of  a  formidable  vessel,  known  as  the  Pampero.  Mr. 
Dudley  reported  that  the  cost  of  the  construction  was  to  be  something 
over  £300,000.^  This  vessel  was  seized  at  Glasgow  for  an  alleged  viola- 
tion of  the  Foreign  Enlistment  Act.  On  the  trial,  which  took  place  iu 
1804,  it  appeared  that  the  Scottish  courts  were  not  disposed  to  follow 
the  English  courts  in  depriving  the  Foreign  Enlistment  Act  of  all  force. 
The  insurgents,  therefore,  abandoned  the  attempt  to  use  the  Pampero 
as  a  cruiser,  and  ceased  to  contract  for  the  construction  or  fitting  out  of 
vessels  within  the  Scottish  Kingdom.  A  similar  course  in  the  English 
courts  u)ight  have  produced  similar  results  in  England. 

About  the  sjune  time  the  arrangements  were  nnide  with  the  Lairds  for 
i-nirja-  i,.M,.iiid  the  construction,  at  Birkenhead,  opi)osite  Liverpool,  of  the 
'"'"•  two  ironclads  which  were  afterward  known  as  "  Lairds'  iron- 

clads," or  "  Lairds'  rams."  The  keel  of  one  of  them,  as  has  been  already 
said,  was  laid  in  the  same  stocks  from  which  the  Alabama  was 
launched.^  These  vessels  were  most  formidable,  and  were  *"  pushed  [2C1J 
forward  with  all  i)0ssible  dispatch.  The  men  were  at  work  night 
and  day  upon  them."  The  machinery  and  guns  were  made  simultane- 
ously with  the  hull,  and  it  was  reported  that  "  by  the  time  she  is  launched 
they  will  be  ready  to  be  placed  in  her."* 

Their  construction  was  originally  ordered  from  Eichmond,  and  they 
were  superintended  by  Captain  Bullock,-'"'  who  was  at  that  time  iu  fre- 
quent (!orresi)ondence  with  Mr.  Mallory  "  about  building  the  two  above- 
named  and  other  war  vessels  in  England,"  "  and  about  the  money  to 
pay  for  the  saine."^  "  The  drawings  for  them  were  in  the  office  of 
Fraser,  Trenholm  &  Co.,  as  early  as  June,  1SG2,  in  vCaptain  Bullock's 


IM 


»Vol.  V,  page  129. 

3  Dudley  to  8cward,  Vol.  II,  page  315. 

"Youiiyc's  deposition,  Vol.  II,  page  330. 


«DiHllcy  to  Seward,  Vol.  II,  page  201. 
*  Dudley  to  Sowaid,  Vol.  IJ,  page  316. 


PEEFORM   ITS  DUTIES   AS   A  NEUTRAL. 


107 


y 


hands."!  j^y  the  early  part  of  April,  1803,  "  the  hulls  were  complete, 
and  the  sides  were  covered  with  slabs  of  teak- wood  about  twelve  inches 
thick."  Early  in  June,  1SG3,  one  of  the  vessels  had  begun  to  receive 
her  iron  armor  jilates,  "  about  four  inches  thick."  "  The  deck  of  each 
vessel  was  prepared  to  receive  two  turrets."*  "  Each  ram  had  a  stem, 
made  of  wrought  iron,  about  eight  inches  thick,  i)rojecting;  about  five 
feet  under  the  water  line,  and  obviously  intended  for  the  pur- 
f262J  pose  of  penetrating  and  destroying  other  *ves.sels.''^  These  facts, 
and  others,  were  communicated  by  jMr.  Adams  to  Earl  Ivussell  in 
a  note  dated  July  11,  1803.'  Connnenting  upon  them  Mr.  Adams  said: 
"  A  war  has  thus  been  practically  conducted  by  a  portion  of  her  people 
against  a  Government  with  which  Ilcr  Majesty  is  under  the  mo>st  solemn 
of  all  national  engagements  to  preserve  a  lasting  and  durable  peace."  On 
the  10th  of  July,  Mr.  Adams  sent  to  Lord  Eus>»ell  further  evidence  of  the 
character  of  these  vessels.'*  On  the  2oth  of  July,  he  again  wrote  him  on 
the  subject,  with  fresh  proof  of  their  puri)oses.'*  On  the  11th  of  August 
he  again  wrote  to  Earl  Kussell  with  "  further  information  ;"  said  that 
he  regretted  to  see  "  that  the  preparation  *  *  *  is  not  intermitted;" 
and  added  :  "  It  is  dillicult  for  me  to  give  to  your  Lordship  an  adequate 
idea  of  the  uneasiness  and  anxiety  created  in  tlie  dilferent  ports  of  the 
United  States  by  the  idea  that  instruments  of  injury,  of  so  Ibrmidable  a 
character,  continue  to  threaten  their  safety,  as  is.suing  I'roiu  the  ports  of 
Great  Britain,  a  country  with  which  the  i)eople  of  the  United  States 
are  at  peace.""  (in  the  3d  of  Se])tember  Mr.  Adams  again  earn- 
[203J  estl3'  returned  to  *the  subject,  lie  wrote  to  Earl  liussell,  inclos- 
ing "  copies  of  further  depositions  relating  to  the  launching  and 
other  preparation  of  the  second  of  the  two  vessels  of  war  from  the  yard 
of  Messrs.  Laird,  at  Birkenhead."'  lie  said  that  he  believed  there  was 
"  not  any  reasonable  ground  for  doubt  that  these  vessels,  if  permitted 
to  leave  the  port  of  Liverpool,  will  be  at  once  devoted  to  the  object  of 
carrying  on  war  against  the  United  States  of  America,"  and  he  ch)sed 
by  saying  that  he  had  been  directed  '-to  describe  the  grave  nature 
of  the  situation  in  which  both  countries  must  be  placed,  in  the 
event  of  an  act  of  aggression  cwnmitted  against  the  Government 
and  the  ]>eople  of  the  United  States  by  either  of  these  formidable 
vessels."  The  new  evidence  inclosed  in  this  letter  related  only  to  the 
fact  that  the  second  ram  was  launched,  and  cannot  be  said  to  have 
strengthened  the  case  as  previ(msly  presented.  Again,  on  the  1th  of 
Septend)er,  Mr.  Adams  sent  to  the  Foreign  Oflice  evidence  to  show  the 
preparation  for  immediate  departure  of  one  of  these  vessels."  Late  in 
the  afternoon  of  the  4th,  after  the  note  had  been  dispatched  to  Earl 
liussell  and  a  (;opy  of  it  sent  to  Mr.  Seward,  Mr.  Adams  received  from  Earl 
Ivussell  a  note,  dated  the  1st  of  September,  saying  that  *"  Her  Ma- 
[2Glj  jesty's  Government  are  advised  that  they  cannot  interfere  in  any- 
way with  these  vessels."'-'  On  the  5th  Mr.  Adan)s  re] died,  express- 
ing his  "profound  regret  at  the  conclusion  to  which  Her  Majesty's  Gov- 
ernment have  arrived ; "  and  added :     "  It  would  be  superliuous  in  rae  to 

'  Yomigo's  deposifioii,  Vol.  11,  pa}?<^  !?31. 

'■'Cliapuuui's  iitlidavit,  Vol.  II,  pugo  a;J3. 

^  Adams  to  linssfll,  Vol.  11,  pajjo  ;525. 

*  Adams  to  liussell,  Vol.  II,  pago  330. 

"Adams  to JluRsoll,  Vol.  II,  page  341. 

0  Vol.  II,  pap  34lv-'7. 

'  Adams  to  Kussoll,  Vol.  II,  pago  353.  • 

8  Adams  to  Russell,  September  4,  1863,  Vol.  II,  p.  358. 

»  Russell  to  Adams,  Vol.  II,  page  3C0. 


m 


\ 


■;!,•- i 


m 


^n 


m 


108 


WHEREIN   GREAT   BRITAIN  FAILED   TO 


l;Nf: 


■■'i    '-ty  ; 


HI 


The- 


■irtl^'tentionnnt 
nn  !ibMiHl<iMnii*iit  *  f 
the  I.'i.x  ron^'tnu  ivn 

QbutmL 


point  out  to  your  Lorilslnp  that  tbis  is  war."'    On  the  8th  of  September 
2li'.  Adams  received  a  short  note,  written  in  jthe  third  person,  in  which 
it  was  said  "  instructions  liuve  been  issued  wliich  will  prevent  the  de- 
parture of  the  two  iron-clad  vessels  from  Liverpool."*    It  would  api)ear 
from  the  British  Blue  Book  that  the  instructions  for  their  detention 
"  had  scarcely  been  sent"  when  Mr.  Adams's  note  of  the  3d  of  Septem- 
ber was  received  at  the  Foreign  Ollice.' 
There  was  little  in  all  this  transaction  to  lead  the  United  States  to 
hope  for  a  returning  and  better  sense  of  justice  in  the  British 
Government.    For  they  could  not  but  observe,  when  com- 
paring the  dates  of  the  receipt  of  the  several  notes  which 
passed  between  Lord  llussell  and  Mr.  Adams,  that  when 
Her  ^Majesty's  Government,  altera  delay  of  six  weeks,  answered  that  it 
could  not  interfere  with  these  vessels,  it  was  in  possession  of  con- 
vincing evidence  of  their  character  and  destina*tion,  which  \ravS  not    [2G5] 
materially,  if  at  all,  strengthened  by  the  evidence  contained  in  Mr. 
Adams's  letter  of  the  3d  of  September.    They  Avere  therefore  forced  to 
conclude  that,  in  detaining  the  vessels.  Her  Majesty's  Government  was 
inliuenced,  not  b;y  change  in  their  opinion  hs  to  the  force  or  eil'ect  of 
the  Foreign  Enlistment  Act,  or  as  to  tbe  duty  of  Great  Britain  toward 
the  United  States,  but  solely  by  a  desire  to  avoid,  in  the  interest  of 
peace,  what  3Ir.  Adams  called  "  the  grave  nature  of  the  situation  in 
which  both  countries  must  be  placed,  in  the  event  of  an  a(!t  of  aggres- 
sion committed  against  the  Government  and  people  of  the  United  States 
by  either  of  these  formidable  vessels."    The  United  States  fully  and  earn- 
estly shared  this  desire  with  Great  Britain,  and  they  were  relieved  from 
a  state  of  painful  suspense  when  the  dangers  which  Mr.  Adams  pointed 
out  were  averted.    But  they  would  have  felt  a  still  greater  relief  could 
they  have  received  at  that  time  the  assurance,  or  could  they  have  seen 
in  the  transaction  any  evidence  from  which  they  could  assume  that  the 
Executive  Branch  of  the  British  Government  was  no  longer  of  the 
opinion  expressed  in  Lord  llussell's  note  of  September  1,  as  to  its  duties* 
in  regard  to  evidence  such  as  that  inclosed  in  Mr.  Adams's  previous 
notes  and  no  longer  intended  to  regard  the  Foreign  Enlistment. 
♦Act,  as  expounded  by  the  court  in  the  Alexandra  case,  as  the   [2GG] 
measure  of  its  international  duties. 
Extensive  as  were  the  arrangements  made  from  Liverpool  by  the  in- 
Theoont™t«with  surgcut  agcuts,  at  that  time,  for  the  construction  in  Great 
Britain  of  vessels  of  war  inter  ded  to  carry  on  war  against  the 
United  States,  their  operations  were  not  conlined  to  Great 
Britain.    Captain  Bullock,  without  shirting  his  offlce  from  Liverpool, 
signed  an  agreement,  "for  the  account  of  his  principals,"  on  the  10th 
of  April,  1803,  with  Lucieu  Arman,  ship-builder  at  Bordeaux,  whereby 
Mr.  Arman  engaged  "  to  construct  four  steamers  of  400  horse-power, 
and  arranged  for  the  reception  of  an  armament  of  from  ten  to  twelve 
cannon."    As  it  was  necessary  in  France  to  obtain  the  consent  of  the 
Government  to  the  armament  of  such  vessels  within  the  limits  of  the 
Empire,  ]\Ir.  Arman  informed  the  Government  that  these  vessels  were 
"intended  to  establish  a  regular  communication  between  Shanghai, 
Yedo,  and  San  Francisco,  passing  the  strait  of  Van  Dieman,  and  also 
that  they  are  to  be  fitted  out,  should  the  opportunity  present  itself,  for 
sale  to  the  Chinese  or  Japanese  Empire."    On  this  representation  per- 
mission was  given  to  arm  them,  the  armament  of  two  to  be  supplied  by 

>  Adams  to  Eussoll,  Vol.  II,  page  3G5. 
*  Russell  to  Adams,  "Vol.  II,  page  3G6. 
sLayaid  toStuai't,  Vol.  II,  page363.    ,       . 


Ann:tM  tor  t 
ftrurtioii  of  vessels 
in  Kriuice. 


PERFORM  ITS  DUTIES  AS   A  NEUTRAL. 


109 


Mr.  Annan  at  Bordeaux,  and  tbat  of  the  other  two  by  Mr.  Vorus  at 

Nantes.  • 

[267]  *0n  the  IGtU  of  July,  18G3,  another  agreement  was  made  in  Bor- 
deaux between  Mr.  Armau  and  Mr.  Bullock,  "  acting  for  the  ac- 
count of  principals."  Annan  agreed  to  construct  two  screw  steamships 
of  wood  and  iron,  with  iron  turrets,  of  300  horsepower.  Bullock  was 
to  supply  the  armament;  the  ships  wore  to  bo  finished  in  six  mouths; 
onelilth  of  the  price  was  to  be  paid  in  advance. 

Under  these  contracts  Bullock  is  said  to  have  paid  Annan  5,280,000 
francs.*  But  one  of  the  vessels  ever  went  into  the  possession  of  the  in- 
surgents, and  that  by  fraud.  It  may  interest  the  Tribunal  of  Arbitra- 
tion to  learn,  in  a  few  words,  the  result  of  these  contracts  and  the  course 
pursued  by  the  French  Government. 

The  authorization  which  had  been  obtained  for  Mr.  Annan  and  Mr. 
Vorus  to  arm  the  four  vessels,  under  the  contract  of* the  15th  conuut  ..r  the 
of  April,  and  the  doings  of  Mr.  Arman  under  the  contract  of  Fr^mhoovcnmem. 
the  IGth  of  July,  were  unknown  to  the  minister  of  foreign  atfiMrs.  AVhen 
they  were  brought  to  Mr.  Drouyn  de  Lhuys'  attention  by  the  minis- 
[208]  ter  of  the  United  Stsites  at  Paris,  he  took  immediate  *steps  to  pre- 
vent  a  violation  of  the  neutrality  of  Fiance.  He  wrote  to  Mr.  Day- 
ton, (October  22, 1803,)  "  Que  M.  le  ministre  de  la  niarine  vient  de  noti- 
fier  i\  M.  Vorus  le  rctrait  de  I'autorisation  qu'il  avaitobtenue  pourl'arme- 
ment  de  quatre  navires  en  construction  it  Nantes  et  j\  Bordeaux.  II  en 
a  et6  donn(!i  egalement  fivis  j\  M.  Arman,  dont  I'attention  a  etc  en  meme 
temps  apelee  sur  la  responsabilite  qu'il  pounait  encourir  par  des  actes 
en  opposition  avec  la  declaration  du  11  Juin  1801." 

Mr.  Arman  made  many  efforts  to  remove  the  injunctions  of  the  Gov- 
ernment, but  without  success,  lie  was  finally  forced  to  sell  to  the  Prus- 
sian Government  two  of  the  clii)pers  constructed  at  Bordeaux  under  the 
contract  of  April  15.  Two  other  clipi)ers,  constructed  at  Nantes  under 
that  contract,  were  sold  to  the  Peruvian  Government.  Of  the  two  iron-' 
clads  constructed  under  the  contract  of  July  10,  one  was  sold  to  Prus- 
sia for  2,075,000  francs.  A  contract  was  made  ibr  the  sale  of  the  other 
to  Denmark,  which  was  then  at  war,  and  it  was  sent,  under  the  Danish 
name  of  Stoerkodder,  to  Copenhagen.  It  arrived  there  after  the  time 
agreed  upon  for  the  delivery  and  after  the  war  was  over,  and  the  Danish 
Government  refused  to  accept  it.  The  p(!vson  in  charge  of  the  vessel  in 
Copenhagen  held  at  once  the  power  of  attorney  of  M.  Arman  and 
[209]  of  Mr.  Bul*lock ;  and  in  one  capacity  ho  delivered  th(^  vessel  to 
himself  in  the  other  capacity,  and  took  her  to  the  Isle  of  Ilouat, 
off  the  French  coast,  whwe  she  was  met  by  a  steamer  from  England 
with  an  armament.  Taking  this  on  board,  she  crossed  the  Atlantic, 
stopping  ip  Spain  and  Portugal  on  the  way.  In  the  port  of  Havana 
news  Avas  received  of  the  sui^pression  of  the  insurrection,  and  she  was 
delivered  to  the  authorities  of  the  United  States.  The  course  ^^^,^^^^  ,  ^^^^^ 
pursued  by  I^rauce  toward  these  vessels  is  in  striking  con-  j;;;,"^!^!^';^;,;''^'!']!^^ 
trast  with  Great  Britain's  conduct  in  the  cases  of  the  Florida 
and  the  Alabama. 

Bullock's  operations  in  this  way  called  for  a  great  deal  of  money.  On 
tke22d  of  May,  1803,  a  "  navy  warrant  on  jMessrs.  Fraser,  I'renholm  &  Co. 
for  £300,000 ""  was  sent  to  him.^    On  the  25th  of  June,  1803,  "  drafts  for 

'  Mr.  Moroan,  counsel  for  tbifUnited  States,  in  a  Huit  ponding  before  the  cour  d'appti 
de  Paris,  growing  ont  of  these  transactions,  so  states :  "111  nous  resto  mainteiiaut  ii 
indiquer  a  la  cour  ce  quo  lit  M.  Arman,  et  des  navires  qail  coustrnisait  et  des  capitaux 
qu'il  avait  re^ns  do  M.  Bullock,  capitaux  dont  le  uiontaut,  suivant  lo  diro  do  M.  Arman 
lui-memc,  He  s'dlevo  pas  it  moins  do«5,280,000  francs." 

2  Bullock  to  EUmore,  July  3,  1863,  Vol.  VI,  page  129. 


S: 


1! 


■IBIl, 


\ 


110 


WHEREIN   GREAT   BRITAIN  FAILED   TO 


wm ' 


1' A 


£20,000  ami  £38,902  13s.  4(7.,  in  favor  of  Commander  James  D.  Bullock, 
on  the  C.  S.  Depositary  In  Liverpool,  were  forwarded  to  him.'"  Other 
funds  were  fsent  that  the  United  States  are  not  able  to  trace.  In  Sep- 
tember, 1803,  his  contracts  had  been  so  heavy  that  he  was  low  in  funds. 
^MalKitt  sent  to  him  at  Liverpool  a  number  of  "  men,  discharjced  from 
the  Fh)rida,  with  their  accounts  and  discharges."'^  He  could 
*not  pay  tliem,  and  the  men  "  began  to  get  restive."  Mallory  [270] 
made  an  eflbrt  to  send  him  further  funds,  and  asked  Memuiinger 
to  instruct  "  the  Depositary  at  Liveri)ool "  to  countersign  certain  cot- 
ton certiljcates  "  on  the  application  of  Commander  Bullock."^  In  this, 
or  in  some  other  way,  the  funds  were  replenished,  and  large  sums  were 
spout  after  that  tinie. 

While  these  extensive  prepar.ations  for  a  fleet  were  going  on  in  Eng- 
land and  Fiance,  an  event  took  place  at  tlie  Cape  of  (lood  Hope  which 
tested  afresh  the  purpose  of  Her  Majesty's  Government  to  maintain 
British  neutrality  and  enforce  the  Queen's  Proclamation. 

On  the  5th  of  August,  1803,  the  Alabama  arrived  in  Table  Bay  and 
Th..  Tus.:,i>.n,a  Rt  gave  information  that  the  Tuscaloosa,  a  j)rize  that  had  been 
liuie. ""  "'  '"'"''  captured  oft"  Brazil,  would  soon  arrive  in  the  character  of  a 
tender.  On  the  8th  that  vessel  arrived  in  Simon's  Bay,  having  lier 
origiual  cargo  of  wool  on  board.  She  lay  in  port  about  a  week,  and 
while  there  "overtures  Avere  made  by  some  i)arties  in  Cape  Town  to  pur- 
chase the  cargo  of  wool."*  The  wool  was  disposed  of  to  a  Cape  Town 
merchant,  on  couditioji  that  lie  should  send  it  to  Europe  for  sale,  and 
two-thirds  of  the  price  should  be  iiaidinto  the  insurgent  treasury ; 
and  it  was  landed  for  that  pur*pose  by  the  Tuscaloosa,  on  a  wild  [171] 
spot,  called  Angra  Pequeua,  outside  of  British  jurisdiction.*  When 
the  Tuscaloosa  made  her  appearanfte  at  Cape  Town,  Hear- Admiral  Sir 
Baldwin  Walker  wroteto  the  Governor,  desiring  to  know  "whether  this 
vessel  ought  still  to  be  looked  upon  in  the  light  of  a  prize,  she  never  having 
been  condennied  in  a  prize  court.""  He  was  instructetl  to  admit  the  ves- 
sel. The  practical  experience  of  the  honest  sailor  rebelled  at  this  decision, 
and  he  replied,  '•  I  apjn'ehend  that  to  bring  a  captured  vessel  under  the 
denomination  of  a  vessel  of  war,  she  must  be  fitted  for  warlike  purposes, 
and  not  merely  have  a  few  men  and  a  few  small  guns  put  on  board  her, 
(in  fact  nothing  but  a  prize  crew,)  in  order  to  disguise  her  real  character 
iis  a  prize.  Now,  this  vessel  has  her  original  cargo  of  wool  still  on  board, 
which  cannot  be  required  for  warlike  purposes,  and  her  armament  and 
number  of  her  crew  are  quite  insutlicient  ibr  any  services  other  than 
those  of  slight  defense.  Viewing  all  the  circumstances  of  the  case,  they 
allbrd  room  for  the  supposition  that  the  vessefis  styled  a  tender,  with  the 
object  of  avoiding  the  prohibition  against  her  entrau<;e  as  a  prize 
into  our  ports,  where,  if  the  captors  wished,  arrangements  *could  [272] 
be  made  for  the  disjiosal  of  her  valuable  cargo."^ 

The  Governor  replied  that  the  Attorney  General  was  of  opinion  that 
"  if  the  vessel  received  the  two  guns  from  the  Alabama  or 
'u'ro.!'-  other  Confederate  vessel  of  war,  or  if  the  person  in  command 
of  her  has  a  commission  of  war,    *    *    *    there  will  be  a 
sufficient  setting  forth  as  a  vessel  of  war  to  justify  her  being  held  to  be 


Plie 
ngii.jr't  til*' 
Sir  UalJwiu  Walker. 


■is  i 


'  Miillorv  to  Eliiioie,  Jmio  25,  1863,  Vol.  VI,  i»age  126. 
-Maflitt  to  Bullock,  September  3, 1863,  Vol.  II,  page  639. 

1^*11       x.TJr ; CI A. 1     t  it      li^/^O      IT,.*       ITT 


Vol.  VI,  page  456. 
uote  1. 


'Walker  to  Wodchouse,  Vol.  IV,  page  218;  Vol.  VI,  page  459. 


>.  Bullock, 
."»  Other 
.  In  Sep- 
,'  in  I'liiuls. 
rgtul  from 
luld 

lory  [270] 
Igor 

crtain  cot- 
'  In  this, 
sums  were 

)n  in  Eng- 
ope  which 
)  maiutaiu 

>  Bay  and 
t  had  been 
racter  of  a, 
aving  her 
week,  and 
\vn  to  pnr- 
^ape  Town 
r  Kale,  and 

mia  [171] 
hen 

ilniiral  Sir 

nether  this 

iver  having 

lit  the  ves- 

isdecision, 

under  the 

purposes, 

board  her, 

character 

1  on  board, 

anient  and 

)ther  than 

case,  they 

r,  with  the 

>rize 

3uld    [272] 

>inion  that 
ilabauia  or 

coniniand 
le  will  be  a 

held  to  be 


page  456. 


PERFORM   ITS   DUTIES  AS  A   NEUTRAL. 


Ill 


a  ship  of  war."*  The  Admiral  replied,  tersely,  "  As  there  are  two  gtuis 
on  board,  and  an  ollicer  of  tho  Alabama  in  charge  of  her,  the  vessel  a[)- 
l)ears  to  conio  within  tho  meaning  of  the  cases  cited  in  your  cominuni- 
tiiition."*  Ue  did  not  seem  to  think  it  worth  while  to  repeat  his  oi)iniou 
as  to  tho  frivolous  character  of  such  evidence,  since  it  had  been  disr(3- 
garded  by  the  civil  authorities. 

The  facta  were  in  due  course  reported  by  the  Governor  to  ti^  ,o„r,cnf  nw 
the  Homo  Government  at  London,^  and  the  Colonial  ]\linis-  r.nv,n,,r>iM,,i.i.ro,.d, 
tor  wrote  back  that  Iler  Majesty's  Government  were  of  opinion  that  the 
"  Tuscaloosa "  did  not  lose  tho  character  of  a  prize  cai)tured  by  the 
Alabama  merely  because  she  was  at  the  time  of  her  being  brought  within 

British  waters  armed  with  two  small  rille-guns,  and  manned 
[273]    *  with  a  crew  of  ten  men  from  the  Alabama,  and  used  as  a  tender 

to  that  vessel  under  the  authority  of  Captain  Semnies.''  lie  said 
that  ho  "considered  that  the  mode  of  proceeding  in  such  circumstances 
most  consistent  with  Her  Majesty's  dignity,  and  most  proper  ibr  the 
vindication  of  her  territorial  rights,  would  have  been  to  prohibit  the 
exercise  of  any  further  control  over  tho  Tuscaloosa  by  the  captors,  and 
to  retain  that  vessel  under  Her  JMaJesly's  control  and  Jurisdiction  until 
properly  reclaimed  by  her  original  owners."  These  instructions  were 
looked  upon  by  the  Governor  as  a  censure ;''  and  the  Tuscaloosa  having 
in  the  me.an  time  come  again  into  port  and  placed  herself  ti„.  tu.i  ,i,k«h 
within  the  Jurisdiction,  was  seized,  and  the  facts  reported  to  »'X',VTX'r.','i'<'!" 
London."  Her  Majesty's  Government  disavowed  tiiis  act,  and  instructed 
the  Governor  "  to  restore  the  Tuscaloosa  to  the  lieutenant  of  n,.-  f.,.v,rn..r  r^. 
the  Confederate  States  who  lately  commanded  her;  or,  if  he  ^^a.'^l'h"^,:l^d.'''''' 
should  have  left  tho  Capo,  then  to  retain  lier  until  she  can  be  handed 
over  to  some  person  who  may  have  authority  from  Captain  Semnies,  of 

the  Alabama,  or  from  the  Government  of  the  Confederate  States, 
[271]    to  receive  her."^    Tho  *Governor  was  also  inlbrmed  that  the  Home 

Government  had  not  in  anj-  degree  censured  him  for  the  course 
which  he  had  pursued."  The  Duke  of  Xew(;astle  jdacedhis  „,,  „„„,^.  „  ^^^-^ 
instructions  to  restore  tho  vessel  ui)on  "  the  i)eculiar  cir-  'li"!"'  ■  'i 
cumstances  of  tliis  case."  But  the  Tribunal  of  Arbitration  will  observe 
that,  inasmuch  as,  notwitlistanding  his  tirst  decision  of  the  4th  of.2so- 
vember  above  cited,  he  did,  in  his  second  instructions,  fully  ajjprove  of 
the  course  of  the  Governor  in  receiving  the  vessel  originally  as  a  man- 
of-war,  in  violation  of  the  Queen's  rroclamation  and  of  well-settled 
principles  of  International  Law,  and  against  the  si'usible  and  honest 
advice  of  liear-Admiral  Sir  Baldwin  Walker,  ho  was  in  no  position  to 
shelter  tho  British  Government  from  resi)onsibility  for  the  hostile  act  of 
her  officials,  by  pleading  any  special  or  peculiar  circumstances. 

It  is  necessary  now  to  go  back  and  bring  up  the  history  of  army  pur- 
chases and  blockade-running.     Walker  and  I'orter  were 
left  established  as  agents  at  Bermuda,  and  Heyliger  at    "'";*'"'""""""'• 
2sassau. 

On  the  2Sth  of  March,  18G3,  Fraser, Trenholm  &  Co.  Avero  notified 
that  the  insurgimt  Secretary  of  the  Treasury  had  "  appointed  Mr.  Lewis 

'  Wodehouso  to  Walker,  Vol.  IV,  page  210;  Vol.  VI,  pajrc  Ao'X 
^  Walker  to  Woileliouse,  Vol.  IV,  pajjc  219 ;  Vol.  VI,  iw^v  4G0. 
3  Wodeliouse  to  Duke  of  Newcastle,  Vol.  VI,  page  22U  ;  Vol.  IV,  pnffo  4G0. 
*  limiuird's  Neutrality  of  Great  Britain  during  the  Auiericau  Civil  War,  page  425.    See 
also  Vol.  Hi,  page  207,  and  Vol.  VI,  page  4(513.  ,     .  " 

s  Vv'odcliouse  to  Newcastle,  Vol.  IV,  page  229;  Vol.  VI,  page  4C5. 
'■Vol.  IV,  page  2:50. 

'Duke  of  Newcastle  to  Sir  P.  Woodlionso,  Vol.  IV,  page  241 ;  Vol.  VI,  page  4G8. 
8Samo  to  same,  March  10,  Vol.  IV,  page  242;  Vol.  VI,  page  409. 


i' 


inni, 


■iitri 


¥m^^ 


112 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


'"'•ill 


'   III: 

11, 


•»^*l, 

^«;1, 


m 


Ileylif^'cr  a  ilcpositavy  of  tlio  treasury  at  Nassau,  New  Provideiioe, 
aiul  Colonel  Nonnan  S.  Walker  a  (le*i)ositary  at  liernmda;"'  and  [275] 
tli<\v  were  told  that  ^Iisssrs.  Ileyli^'er  and  Walker  would  forward 
Kliijuncnts  of  eottonoii  aeeountof  the  treasury,  and  would  draw  on  them 
for  funds  to  pay  expenses  of  the  vessels  and  to  make  purchases  of  return 
cargoes.  Tlu'y  were  also  informed  that  shipments  of  cotton  would  bo 
nnule  by  way  of  Nassau  and  JJermuda  by  the  authorities  at  Kiiihmond, 
and  they  were  direeted  to  j)ay  the  ))rocceds  of  such  shipments  to  i\Ir. 
liuse.  The  cotton  was  sent  forward  as  oi)j)ortunity  offered.  Tims,  for 
instance,  in  May,  1S(>.'5,  the  navy  transported  to  Nassau  live  luuidred  and 
seventy-live  bales  for  the  treasury.^  The  shipments  were,  in  fact,  yoing 
whenever  there  was  opportunity. 

Mr.  .1.  M.  Seixas  was  also  ai)pointed  ajjent  of  the  insurffent  War 
Department  in  the  ports  of  Wilmington  aiul  Charleston,  "to  take  (;har;jjo 
of  all  that  relates  to  the  runnituj  of  the  sivamers  of  the  Dcpurtmcnt  sail- 
iufi'  fi!)i!i  and  aniviu};'  at  those  i)orts."^ 

On  the  ISth  of  April,  ISO.'j,  Walker  forwarded  to  Fraser,  Trenholm  & 

Cotton  .hi  .,„.,..  ^'**-  '''"**  '"'^^'''^  "^  cottoji,  drew  against  it  for  £lil),  001)  for  his 
""""'""'""'  own  disbursements  for  commissary  stores,  and  notilied  lluso 
that  the  balance  wouhl  yo  to  his  credit  with  Fraser,Trenholm'*  &  Co. 
He  also  reported  the  arrival  at  Uermuda  of  "  Confederate  steam-  [270] 
ers,"  blockade-runniirs,  with  cotton,  and  he  called  Iluse's  attention 
to  "the  imi)()j  taiice  of  sendinj;'  to  this  i)lace  (JJermuda)  one  or  two  cargoes 
of  Dutlryne  coal  for  the  Gorcnimcut  steamers;''''  and  adds:  "  You  will 
readily  see  the,  injurious  delay  v.hich  may  result  from  the  want  of  a 
proper  supply  of  coal."  He  also  says:  ^^From  all  that  I  can  learn,  any 
Confederate  manoficar  tchieh  via)/  come  to  this  port  will  hace  no  dijficulty 
in  coaVnuj  and  proenring  supplic.s.''^^ 

The  blockade-runners  of  the  llichmond  authorities  were  by  this  timo 
well  known,  and  were  making  regular  voyages.  The  Cornubia  was 
running  before  January,  18();3.'^'  The  (firi-ili'e  and  the  Cornul)ia  ran  regu- 
hirly  to  licrmnda  and  to  Nassau,'^  in  February,  18(>;3.  One  or  two  more 
were  thought  "highly  desirable."'  In  March  there  was  "  enough  to  em- 
ploy three  steamers  for  some  tinie.to  come,"  and  Iluse  was  authorized 
"to  add  to  the  fleet  two  more  good  swilt  steamers,"",  and  was  fur- 
nished with  a  credit  of  £200,000  on  Fraser,  Trenholm  &  Co.« 

The  insurgent  government  was  all  this  while  urg*ing  its  agents  [277] 
to  dispatch  arms  and  munitions  of  war.  In  Ai)ril,  18(J3,  twenty 
thousand  F^i'held  rille  bayonets  wei'O  wanted  as  soon  as  possible."  On  tlie 
Ctli  of  3Iay  "one  hundred  and  fifty  thousand  bayonets"  were  wanted, 
"and  lead  and  saltpeter  in  lai'ge  quantities,''"'.  On  the  1st  of  June, 
Walker  is  ordered  to  send  "  i)ai)er  for  making  catridges  by  the  iirst  boat ;" 
"if  there  is  none  on  hand  send  to  Major  JIuse  to  buy  a  large  quantity'"' 
Two  days  later  he  was  ordered  to  send  "  Colt's  pistol-caps  as  soon  as 
possible.'"^  They  were  wanted  for  Lee,  who  was  preparing  to  move  to- 
ward Gettysburgh. 

'  M(!iiiniiiiu,er  to  Fraser,  Tn.'nliolm  &  Co.,  28th  Marek,  IHOIl,  Vol.  VI,  page  123. 

2  Mciiiiiiiii'ior  to  Mallory,  litli  Mav,  186:?,  Vol.  VI,  page  119. 

3  Scddoii  to  Scixas,  7tli  April,  18(W,  Vol.  VI,  pagc'lKJ. 

*  Walker  (i)  Ihisi',  18tli  April,  18lW,  Vol.  VI,  pay;o  115. 

*  (jorga.s  to  lluse,  1st  January,  18(5;?,  Vol.  VII,  page  48. 
6  Same  to  saine,  yGth  February,  18(5;?,  Vol.  VII,  page  48. 
'>  Same  to  Haiiie,  8th  March,  Vol.  VII,  page  48. 

8  Same  to  .same,  Dth  March,  Vol.  VII,  page  49. 

9  Gorga.s  to  Iluse,  Vol,  VII,  page  ol.  ■  - 

"1  Same  to  same,  (Jlh  May,  Vol.  VII,  page  51.  ' 

I'  Gorgas  to  Wiilker,  Vol.  VII,  page  54. 

"  Sanio  to  same,  Vol.  VII,  page  54.  «.'■.(',</-.■    s      ',  >    '  .■'•     , 


[280] 


ua 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


113 


Tlui  irmtrgf  ntOor- 
blockAdo-runiiiiiK, 


Walker  rIiows  in  nil  this  omcrpfcncy  a  fear  of  being  crippled  for  want 
of  coal.  Oil  the  2lHt  of  March  he  was  arrangln}?  for  a  cargo  in  the  jwrt 
of  lierninda."  On  the  29th  of  March  ho  writw*  that  ho  has  pnr«!ha»ed 
that  cargo,  and  wants  more.*  On  the  16th  of  May  lie  nrges  Huso  to 
send  coal.  " Every  steamer  takes  from  one  hundred  and  sixty  to  one 
hundrtnl  and  eighty  tons."  lie  has  but  six  humlred  tons  Iclt.^'  On  the 
23d  of  May  ho  again  calls  attention  "most  earnestly  to  the 
[278]  •importance  of  keeping  him  8upi)lied  with  good  steam  coal."  JIo 
*'  hopes  that  some  arc  already  on  tlie  way."  His  "  stock  is  almost 
exhausted."*  On  the  30th  of  Juno  he  cries  "send  us  coal,  coal,  coal! 
Ea(!li  steamer  takes  one  hundred  auii  eighty  tons,  so  that  six  hundred 
tons  will  be  quickly  consumed."*  Again  on  the  0th  of  July  he  writes 
"coal,  coal,  coal.  Send  me  two  thorsand  tons.  Tiio  Lee,  I  fear,  will  bo 
laid  u[)  for  the  want  of  it.  You  may  calculate  that  each  steanu'r  will 
take  one  huiulred  and  eighty  tons.""  He  wrote  also  to  Eraser,  Tren- 
holm  &  Co.,  to  the  same  elie(!t,  saying  that  there  should  be  a  "  reserve 
there  of  at  least  three  or  four  thousand  tons."^  .Shipments  were  made, 
and  the  supplies  reached  him  before  there  was  any  serious  detention  of 
the  blockade-runners.  Ue  was  enabled  to  fulfill  all  the  orders  given  in 
Eichmond  a  short  time  before  the  advance  of  Lee's  army  into  rennsyl- 
vania. 

In  spite  of  the  countenance  given  by  the  authorities  in  Bermuda  and 
Nassau,  funds  could  not  be  forwarded  fast  enough  to  Major 
Huse  to  meet  the  great  demands  made  upon  him  at  this  «rm'i^'«ntmf? 

time.    On  tho23dofJuly,  1803,  "on  behalf  of  the  Con-  "'""" " 

[279]  federate  Government,"  he  made  an  arrangement  with  •the  Mer- 
cantile Trading  (Jompany  for  an  advance  of  £150,000,  to  bo  ex- 
tended to  £300,000,  for  the  purchase  of  goods  for  the  insurgents,  and 
their  shipment  by  tho  company,  "via  Bermuda,  Nassau,  or  Havana;" 
"the  Confederate  Government  to  have,  two-thirds  cargo  space  in  each 
vessel,  the  company  one-third  each  way;"  "the  cottou  received  from 
the  Confederate  States  to  be  consigned  to  the  company's  agency  in  Liv- 
erpool."* Stringer,  the  managing  director  of  the  company,  soon  be- 
came donbtful  of  Huse's  powers,  and  wrote  Mr.  Mason,  saying  that  he 
had  already  advanced  him  £20,000  on  saltpeter,  and  inquiring  about 
the  powers;"  to  which  Mason  replied  that  he  did  not  know  about  the 
extent  of  lluse's  powers,  but  that  he  had  no  doubt  that  the  saltpeter 
would  be  taken  by  the  insurgents.'"  Stringer's  doubts  were  soon  set  at 
rest;  for  it  would  seem  that  about  that  time  there  must  have  been  re- 
ceived in  London  an  agreement  without  date,  executed  in  Kichmoud  by 
"J.'Gorgas,  Colonel,  Chief  of  Ordnance,"  and  "approved"  by  "J.  A. 
Seddon,  Secretary  of  War,"  which  i)robably  replaced  the  temporary 
agreement  of  July  23.  Five  steamers  were  to  bo  put  on  to  run  from 
Bermuda  or  Nassau  to  Charleston  or  Wilmington,  two-thirds  to 
[280]  be  owned  by  the  insur*gents,  and  one-third  by  the  British  con- 
'  tractors.  The  insurgents  were  to  pay  for  their  two-thirds  in  cot- 
ton, at  Charleston,  and  were  to  be  allowed  commissions  for  their  part  of 

'  Walkor  to  Huso,  21  March,  Vol.  VII,  page  50. 

*  Sauu)  to  same,  Vol.  VII,  page  I>0. 

"  Same  to  same,  IGth  May,  1803,  Vol.  VII,  page  52. 

*  Same  to  same,  Vol.  VII,  page  53.  , 
6  Same  to  same,  Vol.  VII,  page  <m. 

"  Same  to  same.  Vol.  VII,  page  .')6.  .       ,.  .       i  , 

'  Wiilker  to  Huse,  Vol.  VII,  page  57. 

*  Memorandum  made  in  Loudon,  23d  July,  1863,  Vol.  VI,  page  136. 
0  Stringer  to  Mason,  16tb  September,  1863,  Vol.  VI,  page  134. 

'0  Mason  to  Stringer,  19th  September,  1863,  Vol.  VI,  page  138.    ■• 

S.  Ex.31 8 


i 


iffiK, 


^1, 


f^; 


;  m 


M 

m 

■Si 


114 


WHEREIN   aUEAT   BRITAIN   FAILED   TO 


I'; 


tlio  work,  tlio  other  contracting  particH  liaving  a  Hiinilar  allowanco.*  The 
portion  of  tlio  proccojlw  of  cotton  bclonjjfinj;  to  the  inHnrf^cntn  was  ''  to  bo 
l)ai(l  to  tho  credit  of  tlie  War  Department  with  MessrH.  I'mser,  Tren- 
iiohn  &  (!o.,  of  Liverpool."  Tlie  insurf,'ent.s  were  to  lurnish  olllcers  to 
command  the  v«  ^selH.  The  th)cnment  wan  nij^ned  by  "(J.  K.  Tliorbnrn," 
and  by  " dhaw.  II.  Iteid  &  Co.,"  and  by  " The  Mercantile  Trading'  Co.,  Lim- 
ited; Edf^ar  P.  8tringer,  j\IaiKi};ing  Director,  London,  -'.'Jd  Seplember, 
IHOiJ."'  Air.  Thorburn  was  a  shareholder  in  the  Tradinjj  Company,^  and 
on  the  .5(1  of  October  Mv.  Strinjjjer  is  Ibund  correspondinj^  with  him  about 
the  purchase  of  these  vessels.' 

Meanwhile  the  operations  of  the  insurjijcnts  at  Nassau  and  Bermuda 
hail  /^one  on  with  even  more  vigor  than  during  the  jirevious  year. 
IJ  use's  credit  had  been  strained  to  the  utmost,  but  was  now  restored. 
The  purchases  and  supplies  for  the  (Juarternuister's  Department  appear 
to  have  been  transferred  during  this  sununer  exclusively  to  Nassau. 
Seixas  was  instructed  to  ]»hu'o  one  thousand  bales  of  cotton  at 
Nassau  for  the  (|iuar*termaster's  Department,  before  the  close  of  [281] 
the  year,  and  was  told  that  "  the  wants  of  the  (Quartermaster 
(ieneral  are  at  Nassau,  not  Dermnda."^ 

lleyliger  (liligently  complied  with  his  instructions  to  forward  (piartcr- 
niaster's  stores.  On  the^Uth  of  October  he  sent  40  tons  by  the  "  Anto- 
nica,"  "  Margaret,"  and  "  Jessie."  On  the  2d  of  Novemlxsr  ho  shipped  by 
the  "  Ilansa"  11)  tons ;  the  ni'xt  day  by  the  "  Beauregard"  40  or  .'iO  tons; 
and  a  large  quantity  by  the  "Alice ;"  and  on  tlui  5th  of  Novcmber^ie  sent 
20  tons  by  the  "  Banshe*'."  The  "  Margaret"  and  the  "  Jessie"  were 
etvptured ;  the  others  ran  the  blockade.  The  (Quartermaster's  Depart- 
ment was  much  employed  in  collecting  and  forwarding  cotton  to  meet 
these  purchases.' 

Major  Ferguson  was  in  Liverpool  at  this  time  aa  an  agent  for  the 
I)urchase  of  quartermaster's  stores,  and  was  sending  largo  amounts  for- 
ward. FravSer,  Trenholm  &  Co.  refused  his  drafts,  because  lleyliger  had 
already  overdrawn  the  (Quartermaster's  account."  Ferguson  thereupon 
wrote,  urging  that  cotton  should  be  forwarded.  "  1  have,"  he  says, 
*'  more  faith  in  cotton  than  1  ever  had.  If  we  can  but  get  that 
out,  we  can  buy  all  England,  for  most  *of  the  men,  as  well  as  [282] 
their  merchandise,  have  a  price."^ 

On  the  3(1  of  November,  18C3,  Mr.  Adams,  laid  before  Earl  Ilussell 
Thci*ra.tibrou  1,1  "  ^'^^^  proofs  of  tho  manner  in  wliich  the  neutrality  of  Iler 
tu  E^rr'uiS'i  Majesty's  ports  is  abused  by  the  insurgents  iu  the  United 
"""^'  States,  in  order  the  more  effectually  to  procrastinate  their 

resistance,"  which  he  contended  showed  the  "  establishment  in  the  port 
of  St.  George's,  in  the  island  of  Bermuda,  of  a  depot  of  naval  stores  for 
their  use  and  benefit  in  the  prosecution  of  the  war.""  This  information 
should  have  put  Lord  Ilussell  on  the  track  of  all  the  facts  iu  regard  to 
Bermuda.  Had  Her  Majesty's  Governiii(»nt  pursued  the  investigations 
to  which  it  gave  them  the  clew,  it  won  I  i  have  done  so.  Earl  liussell. 
Ho  .oe»  no  oncso  ou  tlio  27th  of  Novcmbcr,  auswcrcd  that  "Uer  Majesty's 
in  Item.  Government  do  not  consider  that  they  can  properly  inter- 

fere in  this  matter."^  The  dates  would  seem  to  indicate  a  possibility 
that  no  inquiries  were  made  at  Bermuda. 


h 


» Vol.  VI,  page  140.  ^Vol.  VI,  page  144.  '  Vol.  VI,  page  143. 

■•  liayiio  to  Scixa8,  September  29, 18G3,  Vol.  VI,  page  139» 

'*Bajlo  to  Lawtou,  November  13, 1863,  Vol.  VI,  pago  147. 

6  Frasor,  I'l-euholtu  &  Co.  to  Lawtoii,  November  26,  1863,  Vol.  VI,  pago  149. 

'Furgusou  to  Lawtou,  December  23, 1863,  Vol.  VI,  page  149. 

8  Vol.  I,  page  735.  wv..v  >yr  v  ;,  ^     »  Vol.  I,  pago  738. 


PERFORM   ITS   DUTIES   AS  A   NEUTRAL. 


115 


On  the  LM)tli  of  Di'ci'inbcr,  lS(i;{,  Mr.  A<limiM  wrote  ICail  Hussell  thfit 
ho  luul  "  int'oriiiiition  «'MtitU'<l  to  cndit,"  that  iJalp!  'ator,  "  an  oHicor 
ia  Hjt  MaJ^'^t.v's  iiiival  si'ivicf,"  was  "<'iijna«t((  in  viohitiii",'  lli<' 
[l.'83|  l)h)(:ka«lc ;"  and  that  thon'  was  *"  a  stronjn'  disposition  on  tlic  part 
of  a  pctrtion  of  Ilcr  iMaJt'st.v's  navy  to  vicdatc  tho  ncntrality  (»f 
tlu'ir  Hovcrt'i^^n  in  aiding'  an(l  assisting;'  Ihr  cncuiics  of  the  linitod 
States."'  This,  ttxt,  was  answered  in  a  week  from  its  date,  witliont 
takinj,'  the  trouhlo  to  incpiiro  in  the  West  Indies.- 

Aniun,npon  the  -."ilh  day  of  .lannary,  isdt,  Mr.  A<hinisealh'd  attention 
to  "  ihe  manner  in  wliieh  the  insnr^-cnts  liabitnally  abase  tin'  belli};erent 
privilefjOH  which  have  been  eon<'e(h'd  to  them  l>y  (In'ut  Jbitain.''  it 
wonld  seem  that  lie  had  hitely  iiad  a  <;(rtiversation  with  ICarl  Knssell  on 
tlie  snbjeet,  for  he  says  that  h(^  "  th-ems  it  abnost  snperllnons  to  enlar^ie 
farther  on  the  dillienUies  wliich  mnst  f;''<'\\' <>'d  <>f  si  toleration  tif  the 
ontraffeonsabnsesof  the  belli<>erent  privileges  that  lniv(>  been  granted  to 
the  insnr{,'ents."^  "  It  wonld  bv.  dillienlt,''  lie  adds,  "  to  (ind  an  example 
in  history  of  a  more  systematic;  and  persistent  ellbrt  to  violates  the  neu- 
tral position  of  a  country  than  this  orui  has  been  from  its  commence- 
ment, that  has  not  broujjht  on  a  war.  That  this  has  been  the  object  of 
the  parties  engaged  in  it  I  have  luwer  for  a  moment  doubted."  "It 
must  be  obvious,"  he  says,  "  to  your  I^)rdship  that,  after  such  an  expo- 
sition, all  British  subjects  en{;a;,'ed  in  these  violations  of  blockade 
[284]  yiust  incur  u  suspicion  *stronj,'  enough  to  make  them  liable  to  bo 
treated  as  enemies,  ami,  if  taken,  to  bo  reckoned  as  prisoners 
of  war."  •» 

Earl  Kussell  replied  to  this  note  on  the  9th  of  March.'  He  ignored  tho 
evidence  and  charges  of  the  hostile  use  of  the  British  West 
India  ports,  lie  alluded  to  a  charge  against  Lieutenant  i-n""  'mnn  caiiVj 
Itooko,  which  he  set  aside  as  niumiwrtant,  and  to  a  charge  '"""""^^"'" 
against  one  James  Ash  of  a  pnrjjose  to  build  ships  for  the  insurgents.  AS 
to  tho  latter  charge,  he  reiterated  the  oft-repeated  i)lea  that  there  was  no 
"legal  and  proper  evidence"  to  sustain  it;  and  having  disjmsed  of  these, 
ho  conlined  himself  to  a  notice  of  INIr.  Adams's  intinuition  that  it  might 
become  necessary  to  treat  blockade-runners  as  prisoners  of  war.  This, 
ho  said,  could  not  be  assented  to. 

A  short  discussion  ensued,  which  was  closed  by  a  note  of  Mr.  Adams, 
transmitting  further  evidence  of  the  character  of  the  trade  between  the 
British  West  Indian  ports  and  the  insurgent  States,  and  calling  Earl 
Eussell's  "  particular  attention  to  the  oxpress  condition  exacted  from  all 
vessels  in  trade  with  tho  insurgent  ports,  that  one-half  of  the  tonnage  of 
each  vessel  nmy  bo  employed  by  the  so-called  Government  for  its 
[285]  own  use,  both  on  tho  *outward  and  homeward  voyage;""  to 
which  Earl  Kussell  replied  in  an  answer  in  which  ho  said,  in  sub- 
stance, that  admitting  all  tho  facts  stated  to  bo  true,  there  was  nothing 
in  them  worthy  of  attention ;  for  "  the  subjects  of  Uer  Ma-  „„  „„;„  ,„,  „„ 
jesty  arc  entitled  by  International  Law  to  carry  on  the  ojiera-  ""''""■ "  ""'" 
tions  of  commerce  equally  with  both  belligerents,  sithjcct  to  the  ciq)tu)'e  of 
*hcir  vessels  and  to  no  other  penalti/.''^ '' 

This  discussion  closed  tho  correspondence  which  took  place  between 
tho  two  Governments  on  this  branch  of  the  subject.  It  left  Great  Britain 
justifying  all  thait  took  place,  after  actual  knowledge  of  much,  and  pos- 


*  Vol.  I,  pago  739.  -  Vol.  I,  page  740. 
^Adains  to  Russell,  Vol.  I,  pajjo  745. 

*  Russell  to  Adams,  Vol.  I,  payes  749-'51. 

*  Adaius  to  Russell,  Vol.  I,  paj,'e  756. 
^  Russell  to  Adams,  Vol.  I,  page  757. 


3  Vol.  I,  page  746. 


I   ■ 


iilil 


'  ^  ■!  f  i 

',  si !  1 

■  n 
if! 

li 

.Jli 

116 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


Bible  knowledge  of  all,  had  been  brought  within  its  reach.  It  left,  too,  the 
Queen's  Proclamation  as  to  this  subject  virtually  revoked,  and  Her  Ma- 
jesty's subjects  assured  that  it  was  no  violation  of  international  duty  to 
break  the  blockade.  It  is  worthy  of  remark  that  Lord  Westbury,  the 
Lord  High  Chancellor,  gave  a  judicial  decision  to  the  same  efiect,'  which 
was  soon  after  followed  by  the  High  Court  of  Admiralty.'^  The  execu- 
tive and  judicial  branches  of  the  British  Government  were  thus 
a  second  thne  brought  into  *accord  in  construing  away  Her  Ma-  [2SG] 
jesty's  Proclamation. 

Blockade-running  throve,  and  Kissau  and  Bermuda  prospered  under 
Dio. knje .  nmnin,  thcso  rcpcatcd  decisions  of  Her  Majesty's  Government.    The 
ihe^'n'i'urim''  GuJl  I'lovida,  too,  arrl vcd' at  Bcruiuda  on  the  IGth  of  July,  18G4, 
ernmenu  g^ud  remained  there  until  the  27th,  taking  coal  and  sup- 

plies on  board ;  and  this  at  a  time  when  like  permission  was  refused  to 
the  vessels  of  the  United  States. 

It  was  a  favorite  idea  of  the  insurgent  authorities  from  the  beginning 
to  become  interested  with  Englishmen  as  partners  in  blockade-running. 
One  contract  to  that  effect  has  already  been  alluded  to. 

In  July,  18G4,  McKae  reported  other  contracts.^  Captain  Bullock, 
with  whom  (he  said)  I  [McBac]  am  directed  by  tlio  Secretary  of  the 
Treasury  to  consult,"  was  a  party  to  the  transaction.  These  contracts 
"  made  provisions  for  fourteen  steamers,  four  to  leave  during  the  month 
of  August,  eight  in  December,  and  two  in  April,  18G5."^  They  were  to 
be  "  built  of  steel,  and  to  carry  one  thousand  bales  of  cotton  each,  on  a 
draught  of  seven  feet  water,  and  with  an  average  speed  of  thirteen 
knots  per  hour."^  Arrangements  were  at  the  same  time  made  for  the 
purchase  of  supplies  for  Iluse  and  Ferguson  pending  the  fln- 
*ishing  of  the  vessels.  The  "  Owl'"  was  the  first  of  these  vessels  [287] 
to  arrive.  The  insurgent  Navy  Department  claimed  the  right  "  to 
place  a  naval  officer  in  charge  of  her  in  conformity  with  regulations."* 
The  treasury  doubted  this,  but  Mallory  insisted  upon  his  right.^  This 
drew  from  Bullock  an  indignant  letter,  complaining  that  the  navy  had 
taken  these  vessels.  Good  ships  were  building  for  the  navy;  why  take 
these  vessels,  which  were  not  suited  for  naval  purposes." 

On  the  oth  of  October,  18G4,  orders  were  given  for  more  arms,  and 
Mcliae  was  ordered  to  supply  Iluse  with  $50,000  for  the  purpose."  On 
the  2Gth  of  November,  Ferguson  reports  his  doings  in  the  purchase  of 
woolen  goods,  and  gives  the  reason  for  "  making  Liverpool  his  head- 
quarters.'"" As  late  as  the  7th  of  January,  1865,  McRae  is  ordered  to 
pay  to  Bullock  £105,000.  The  steamer  "  Laurel,"  the  same  which  took 
the  arms  and  men  to  the  Shenandoah,  was  then  in  Wilmington.  She 
was  sent  out  with  a  cargo  of  cotton,  with  instructions  to  the  officer  in 
command  to  sell  the  steamer  and  the  cotton,  and  to  pay  Bullock 
£12,000  out  of  tbo  proceeds,  putting  the  balance  to  the  credit  of 
the  *  treasury,  with  Fraser  'renholm  &  Co."  No  efforts  seem  to  [288] 
have  been  spared  to  sustain  the  dying  fortunes  of  the  insurrec- 
tion. The  insurgents,  at  the  last,  fell  into  the  unaccountable  error  of 
supposing  that  the  British  Government  intended  to  interfere  with  their 

'  11  Jurist  N.  S.,  400.  ' 

*Law  Reports  Admiralty  au»l  Ecclesiastical  Courts,  Browning,  Vol.  I,  page  1. 
»  McRao  to  Scdilon,  July  4,  ld(34,  Vol.  VI,  page  1G3. 

*  Mallory  to  Trenbolm,  September  21, 1864,  Vol.  VI,  page  171. 

*  Same  to  same,  September  22,  18C4,  Vol.  Vl,  page  172. 

e  Bullock  to  llcUao,  November  1,  1864,  Vol.  VI,  page  173. 

"  Gorgas  to  Seddon,  October  .'j,  1864,  Vol.  VI,  page  172, 

"  Ferguson  to  Lawton,  November  26,  1864,  Vol.  VI,  page  175. 

'  Treuliolm  to  Fraser,  Trenbolm  &  Co.,  December  24,  1S64,  Vol.  VI,  page  177. 


"^m 


PERFORM   ITS  DUTIES  AS  A  NEUTRAL. 


117 


blockade-running.  They  changed  the  apparent  ownership  of  the  Stag 
into  the  name  of  John  Fraser  &  Co.,  lest  it  should  be  seized  as  "  a 
transport  owned  by  the  Confederate  States,  .engaged  in  the  blockade."' 
It  is  needless  to  say  that  the  precaution  was  not  required.  Evidence 
had  over  and  over  again  been  laid  before  Lord  Eussell  that  these 
blockade-runners  were,  in  fact,  transports  of  the  insurgents,  carrying 
their  funds  for  Liverpool,  and  bringing  back  their  arms  and  munitions 
of  war,  and  that  the  operations  of  these  vessels  were  brought  clearly 
within  the  terms  of  the  Foreign  Enlistment  Act ;  but  he  ever  turned  a 
deaf  ear  to  the  charges. 

On  the  15th  of  March,  18G5,  Mr.  Adams  complained  of  this  matter  for 
the  last  time.  The  United  States  steamer  San  Jacinto 
having  been  wrecked  on  the  Bahamas,  and  her  officers  and  *^°"""""^''"*"*""'- 
crew  having  found  shelter  at  Nassau,  the  "  Honduras,"  also  a  man-of- 
war,  was  sent  there  for  the  purpose  of  paying  in  coin  the  claims 
[289]  for  salvage.  *The  Consul  asked  permission  for  the  "  Honduras"  to 
enter  the  port,  which  was  refused,  although  the  "  Florida"  had, 
less  than  six  months  before,  remained  eleven  days  at  Bermuda,  and 
taken  on  board  a  full  supply  of  coal.  In  bringing  this  breach  of  hospi- 
tality to  the  notice  of  Earl  Hussell,  Mr.  Adams  said :  "  1  shall  not  seek 
to  dwell  on  the  painful  impression  this  proceeding  has  made  in  the 
Naval  Department  of  the  United  States,  which  at  the  same  time  had 
too  much  reason  to  be  cognizant  of  the  abuse  made  of  that  pdrt  by 
persons  practically  engaged  in  hostilities  in  violation  of  Her  Majesty's 
Proclamation.  There  was  no  single  day  during  the  month  in  which  this 
incident  happened  that  thirty-five  vessels,  engaged  in  breaking  the 
blockade,  were  not  to  be  seen  flaunting  their  contraband  flags  in  that 
port.  Neither  has  its  hospitality  been  restricted  to  that  hybrid  class 
of  British  ships  running  its  illegal  ventures  on  joint  account  with 
the  insurgent  authorities  in  the  United  States.  The  Chameleon,  not 
inaptly  named,  but  before  known  as  the  Tallahassee,  and  still  earlier  as 
a  British  steamer  fitted  out  from  London  to  play  the  part  of  a  privateer 
out  of  Wilmington,  was  lying  at  that  very  time  iu  Nassau,  relieved 
indeed  of  her  guns,  but  still  retaining  all  the  attributes  of  her  hostile 
occupation.  But  a  few  days  earlier  the  steamer  Laurel,  whose 
[290]  history  *is  already  too  well  known  to  your  Lordsliip,  by  mj^  note 
of  the  7th  instant,  had  reappeared  after  its  assumption  of  the 
name  of  the  Confederate  States,  and  had  there  been  not  only  received, 
but  commissioned  with  a  post  mail  to  a  port  of  Her  Majesty's  King- 
doni."2  Lord  Eussell  took  no  notice  of  Mr.  Adams's  charge,  that  many 
of  these  blockade-runners  were,  in  fact,  transports  in  the  insurgent  ser- 
vice, and  that  the  ports  of  Nassau  and  Bermuda  were  depots  of  ordnance 
and  quartermasters'  stores.  His  only  reply,  made  four  days  after  the 
surrender  of  Lee  at  Appomattox,  was  a  repetition  of  the  old  story, 
"  there  is  nothing  in  the  law  of  nations  which  forbids  the  attempt  of 
neutral  ship-owners  or  commanders  to  evade  the  blockade."^  To  the 
last  the  British  Government  refused  to  interfere.  The  fears  which  in- 
duced the  insurgents  to  tr^*  to  cover  up  the  ownership  of  the  "Stag" 
were  groundless.  The  partnership  continued  until  the  United  States 
interfered,  and  closed  the  business,  before  the  English  partners  could 
deliver  the  last  vessels  under  the  contract. 

It  is  necessary  to  add  a  lew  words  iu  regard  to  the  closing  operations 
of  Bullock's  department,  before  bringing  this  imperfect  outline  of  Great 
Britain's  violation  of  its  duties  as  a  neutral  to  a  close. 

'  Treuliolm  to  Mallory,  December  17, 1864,  Vol.  VI,  page  176. 
*  Adams  to  Russell,  Vol.  I,  page  70!). 
■  '  Russell  to  AdoiuB,  Vol.  I,  page  714. 


mix 
I 


vli 


I, 


118 


WHEREIN   GREAT   BRITAIN   FAILED  TO 


>ii 


*0n  tlie  30tb  of  November,  18G3,  the  London  Times  announced    [291] 
that  "the  screw  gun-vessel  'Victor,'  recently  pur- 
Ti.e  Rappaimnnock.  ^jj^^ggQ  froiu  tlio  Admiralty,  has,   as    had    been  expected, 

passed  into  the  hands  of  the  Confederate  (rovernment."^  "The  'Victor,' 
an  old  dispatch-boat  belonging  to  Her  Majesty's  Navy,  was  one  of  a 
number  of  ships  ordered  by  tlio  Admiralty  to  be  sold  as  worn  out  and 
unserviceable.  An  oft'er  for  her  was  accepted  on  the  14th  of  September, 
18G3,  and  on  the  10th  of  November  the  hull  was  delivered  to  theoi-derof  tlie 
purchasers,  Messrs.  Coleman  &  Co.,  the  masts,  sails,  and  rigging  having 
been  i)reviously  removed,  as  the  pivots  and  other  fittings  for  guns."- 
The  steamer,  instead  of  being  taken  away,  remained  at  Sheerneas, 
"refitting,  under  the  direction  of  persons  connected  with  the  royal 
dock-yards."''  IMany  facts  came  to  the  knowledge  of  Mr.  Adams,  indi- 
cating that  the  vessel  was  intended  for  the  insurgents.  In  pursuing  his 
inquiries,  however,  the  suspicions  of  the  ])arties  concerned  were  probablj" 
excited;  for  the  vessel,  "bj'no  means  prepared  for  sea,  and  with  no 
adequate  force  to  man  her,"  was  carrie<l  with  the  workmen  actually 
engaged  upon  her,  across  the  English  Channel  and  taken  into 
Calais.  Mr.  Adams  called  Lord  Kussell's  attention  to  these  *pro-  [292] 
ceetlings,''  and  furnished  him  with  evidence  tending  to  show  the 
g'^ilt  of  the  purchasers,  and  also  that  one  llumble,  inspector  of  machinery 
afloat  of  Her  Majesty's  dock-yard,  Sheerness,  had  been  the  principal 
person  concerned  in  enlisting  the  crew.  Humble  was  subsequently  tried 
and  acquitted,  although  the  proof  against  him  was  clear.  As  to  the 
vessel,  any  doubt  of  her  character  was  at  once  removed.  The  insur- 
gent flag  was  hoisted,  and  she  went  into  cotinnissiou  under  the  name  of 
the  Eappahannock  in  crossing  the  Channel,  and  shti  entered  the  port  of 
Calais  claiming  to  be  an  insurgent  man-of-war.  What  was  done  there 
is  described  in  the  statement  of  the  Solicitor  General  to  the  jury  on  the 
trial  of  Enmble  :  "The  preparations  for  equipping,  which  had  been 
interrupted,  were  proceeded  with ;  a  number  of  boiler-makers  were  sent 
for  I'rom  England,  and  many  of  them  were  induced  to  leave  their  employ- 
ment in  the  dock-yard  without  leave,  and  when  they  returned  they 
were  discharged  as  being  absent  without  leave;  attempts  were  made  to 
enlist  more  men ;  a  large  store  of  coals  was  taken  in;  but  at  this  point 
the  French  Government  stepped  in.  The  French  Government,  not 
choosing  their  ports  to  be  made  the  scene  of  hostile  operations,  in- 
teri)osed,  and  i)revented  any  further  equipment  of  the  vessel,  *and  [293] 
by  the  short  and  summary  process  of  mooring  a  man-of-war  across 
her  bows,  prevented  her  going  out  of  the  port,  and  she  has  been  kept  a 
])risoner  in  the  harbor  ever  since.""'  Contrast  again  the  course  of  the 
French  Government  witli  that  of  the  British  Government  in  like  cases. 
What  vessel  bearing  \x  commission  from  the  Itichmond  authorities  w^as 
ever  disturbed  by  a  British  gunboat,  no  matter  how  flagrant  might  have 
been  her  violations  of  British  sov<'reiguty "? 

In  the  summer  or  autumn  of  the  year  1804,  there  was  in  London  a 

Th-  <b  ■landoai,      '^'esscl  callcd  the  Sea  King.    She  was  a  merchant  steamer 

h-  i-b„an  oai>.      -^yjjigj^  jj{,(|  belougeil  to  a  Bombay  company,  and  had  been 

emi)loyed  in  the  East  India  trade."    On  the  20th  of  September  in  that 
year  siie  was  sold  in  London  to  Ricjhard  Wright,  of  Liverpool,''' the  father- 

'  Vol.  II,  puRo  725. 

-  Bi'i-iiard's  Noutrality  of  Great  Britain,  \^a<r^^  357. 

^  Mr.  Adams  to  Mr.  Seward,  Vol.  II,  pugo  7'2(!. 

*  Vol.  II,  pages  727, 735, 738, 747, 751, 754, 771, 77G,  787. 

f'Vol.  IV,  page.5H3. 

*Beniar(l'8  British  Neutrality,  pafc  35'J. 

'  Vol.  Ill,  page  31i). 


.lil 


(1    [291] 

expected, 
Victor,' 
ine  of  a 
out  and 
)teinber, 
lei- of  the 
r  having 
■  guns."- 
leerueas, 
lie  royal 
ms,  indi- 
5uing  his 
^)rol)ably 

with  no 
actually 
to 

•o-    [292] 
he 

lachiuery 
Xjrincipal 
iitly  tried 
Ls  to  the 
Mie  insur- 
>i  name  of 
10  port  of 
one  there 
ry  on  the 
liad  been 
were  sent 

cniploy- 
raed  they 
?,  made  to 
this  point 
uent,  not 

in- 
lud    [293] 

OSS 

en  kept  a 
•se  of  the 
ike  cases, 
ities  was 
ight  have 

London  a 
t  steamer 
had  been 
er  in  that 
bo  father- 


PERFORM  ITS   DUTIES   AS   A   NEUTRAL. 


119 


in-law  of  Prioleau,  of  South  Carolina,  the  managing  partner  in  the 
Liverpool  house  of  Fraser,  Trenholm  &  Co. 

On  the  7th  of  October  Wright  gave  a  power  of  attorney  to  one  Cor- 
bett,  an  Englishman,  "  to  sell  her  at  any  time  within  six  months  for  a 
sum  not  less  than  £45,000  sterling.  On  the  next  day  she  cleared  for 
Bombay,  and  sailed  with  a  large  supply  of  coal  and  about  fifty 
[294]  tons  of  metal  and  a  *crew  of  forty-seven  men."^  Corbett  sold  her 
to  the  insurgents  on  the  high-seas,  or  rather  made  the  form  of 
transfer  comply  with  the  facts  of  the  original  transaction  which  took  place 
in  England.^  On  the  day  after  the  Sea  King  left  London,  the  Laurel,  a 
screw-steamer,  "nearly  new  built,  very  strong,  and  admirably  adapted 
for  a  privateer,'"  left  Liverpool,  clearing  for  Matamoras  via  Nassau.  She 
took  on  board  "  a  number  of  cases  containing  guns  and  cnrriages;"  and 
she  had  "twenty-one  seamen,  six  stewards,  besides  deck-hands  and 
iiremen,"*  as  first  reported  by  the  Consul  at  Liverpool.  Further  infor- 
mation after  she  left  led  him  to  write  that  she  had  taken  "about  one 
hundred  men,  forty  or  fifty  of  whom  were  on  the  pirate  Alabama,  and 
all  Englishmen.'"  The  two  vessels  met  off  Madeira.  On  the  morning 
of  the  18th  of  October  they  went  together  to  the  barren  island  of  Porto 
Santo  near  Madeira,  Jind  there,  with  eighteen  hours'  work,  transferred 
to  the  Sea  King  the  arms  and  ammunition  from  the  Laurel,  "guns, 
gun-carriages,  shot,  shell,  powder,  clothing,  goods,  &(;.""  The  insurgent 
commander  of  the  Sea  King  and  about  forty  men  came  out  of  the 
[295]  Laurel  and  took  possession  of  *the  vessel,  and  named  her  the 
Slienaudoah ;  the  insurgent  flag  was  hoisted,  the  Laurel  hoisted 
the  English  Hag,  and  took  on  board  some  of  the  men  of  the  Shenandoah, 
who  could  not  be  induced,  even  by  "a  bucketful  of  sovereigns,"  to  aid 
in  violating  the  Queen's  Proclamation ;  and  the  two  vessels  separated. 

The  next  appearance  of  the  Shenandoah  in  a  British  port  was  at  IVIel- 
bourue  in  Januaiy,  1SG5.  Iler  character  and  history  were  well  known, 
and  were  at  once  brought  to  the  notice  of  the  Governor  by  the  Consul 
of  the  United  States.''  The  evidence  was  so  clear  that  the  authorities 
evidently  felt  they  must  go  through  the  form  of  arresting  and  examin- 
ing her.  This  was  the  shell  conceded  to  the  United  States.  The  kernel 
was  reserved  for  the  insurgents.  The  vessel  was  discharged  and  allowed 
to  make  extensive  repairs;  to  go  upon  a  dry  dock;  to  take  on  board 
three  hundi-ed  tons  of  coal,  having  at  the  time  four  hundred  tons  on 
board ;  and  the  authorities  deliberately  shut  their  eyes  Avhile  she  enlisted 
about  fifty  men." 
The  Shenandoah,  with  its  British  crew,  continued  its  career  of  destruc- 
tion until  long  after  the  insurgents  had  abandoned  the  contest  in 
[290]  America.  It  was  not  until  tlie  19th  of  June,  1865,  that  Bul*lock, 
managing  things  to  the  last,  issued  his  instructions  to  Captain 
Waddell  to  desist."  This  communication  the  Foreign  Oflice  undertook 
to  forward  to  him.'"  Captain  Waddell  arrived  with  his  ship  in  the  Mer- 
sey in  November,  1805,  and  surrendered  his  ship  to  the  British  Govern- 
ment, by  whom  it  was  handed  over  to  the  United  States. 

'  Dudley  to  Sowanl,  Vol.  Ill,  iia^u  i!19. 

« Wilson's  allUlavit,  Vol.  Ill,  page  .'326. 

"  Dudley  to  Sowaid,  Vol.  Ill,  page  HIG. 

■•  Dudley  to  Adams,  Vol.  Ill,  page  317. 

'•Dudley  to  Seward,  Vol.  Ill,  page  318. 

« Wilson's  aflidavit,  Vol.  Ill,  p-  le  3'25. 

'  Vol.  Ill,  pages  31)3,  3S)4,  3!)(i;  3'J8.  ■         • 

8  Vol.  Ill,  pages  384-444.  '       ' 

0  IJullock  to  Waddell,  Vol.  Ill,  page  4S7. 

•"Hamuiond  to  Mark,  Vol.  Ill,  page  4.^)9. 


m 


■ill 


I' 


Mi. 


.■if 

m 


120 


WHEREIN   GBBAT   BRITAIN   FAILED   TO 


'*i«s 


»i 


It    , 


\r-' 


It  is  due  to  Great  Britain  to  say  that,  in  addition  to  the  rams,  some 
Mr.  Mountngue  otber  vcsssls  wcrc  detained  by  Her  Majesty's  Government. 
fe7»"dn',''„'r„'ed"y  Mr.  Mountague  Bernard,  one  of  Uer  Majesty's  High  Com- 
creiauiiuin.  missioncrs  at  Washiiigton,  in  his  able  and  courteous,  but 
essentially  British,  "Historical  Account  of  the  Neutrality  of  Great 
Britain  during  the  American  Civil  War," '  thus  recapitulates  the  action 
of  the  British  Government  in  the  cases  which  have  not  been  hitherto 
noticed  in  this  paper.  From  his  position,  it  may  reasonably  be  assumed 
that  the  list  is  a  complete  one : 

"  November  18, 18G2 — The  Hector.  Mr.  Adams's  application  referred 
to  the  Admiralty  November  18.  This  was  an  inquiry  whether  the 
Hector  was  building  for  Her  Majesty's  Government.  On  reference  to 
the  Admiralty  it  was  answered  in  the  affirmative. — January  10^ 
1803 — The  Gcorgiana.  Referred  to  Treasury  and  Home  *Ofllce  [297] 
January  17.  Ship  said  to  be  litting  at  Liverpool  for  the  Confed- 
erates. Mr.  Adams  could  not  divulge  the  authority  on  which  this  state- 
ment was  made.  Keports  from  the  customs,  sent  to  Mr.  Adams  on  the 
18th,  19th,  and  27th  of  January,  tended  to  show  that  she  was  not  de- 
signed for  w'ar.  She  sailed  on  the  21st  of  January  for  Nassau,  and  on  the 
19th  of  March  was  wrecked  in  attemi)ting  to  enter  Charleston  Harbor. — 
March  2G,  18G3 — The  FMntom  and  the  Southerner.  Eeferred  to  the 
Treasury  and  the  Home  Office  March  27,  to  the  Law  Officers  of  the 
Crown  June  2.  The  Phantom  was  fitting  at  Liverpool,  the  Southerner  at 
Stockton-on-Tees.    Both  proved  to  be  intended  for  blockade-runners. 

*  *  *  ♦—March  38,  18G4— The  Amphion.  Referred  to  Home 
Office  March  18.  This  vessel  Avas  said  to  be  equipped  for  the  Confeder- 
ate service.  The  Law  Officers  reported  that  no  case  was  made  out.  She 
was  eventually  sent  to  Copenhagen  for  sale  as  a  merchant-ship. — April 
10,  1801 — The  Hawk.  Iteferred  to  the  Home  Office,  to  the  Lord  Advo- 
cate, and  the  Treasury  April  18.  This  case  had  been  already  (April  4) , 
reported  on  by  the  customs,  and  the  papers  sent  to  the  Lord  Advocate. 
On  the  13th  of  April  the  siiip,  which  was  suspected  of  having  been  built 
for  the  Confederates,  left  the  Clyde  without  a  register,  and  came 

to  Greenhithe.  The  Law  Officers  *decided  that  there  was  no  evi-  [298] 
dence  to  warrant  a  seizure.    She  proved  to  be  a  blockade-runner. 

*  *  *  — January  30,  1805 — The  Virginia  and  the  Louisa  Ann  Fanny. 
Referred  to  Treasury  February  1.  Vessels  said  to  be  in  course  of  equii>- 
meut  at  London.  No  case  was  established,  and  they  proved  to  be  block- 
ade-runners, as  reported  by  the  Governor  of  the  Bahamas,  who  had  been 
instructed  to  watch  their  proceedings. — February  7, 1805 — The  Hercules 
and  Ajax.  Referred  to  Treasury  and  Home  Office  February  8  and  9. 
Both  vessels  built  in  the  Clyde.  The  Ajax  first  proceeded  to  Ireland, 
and  was  detained  at  Queenstown  by  tlie  mutiny  of  some  of  the  crew, 
who  declared  she  was  for  the  Confederate  service.  She  was  accordingly 
^searched,  but  proved  to  be  only  fitted  as  a  merchant-ship.  The  Gov- 
ernor of  the  Bahamas  was  instructed  to  watch  her  at  Nassau.  On  her 
arrival  there  she  was  again  overhauled,  but  nothing  suspicious  discov- 
ered, and  the  Governor  reported  that  she  was  adapted,  «'ind  he  believed 
intended,  for  a  tug-boat.  The  Hercules  being  still  in  the  Clyde,  inqui- 
ries were  made  by  the  customs  officers  there,  who  reported  that  she  was 
undoubtedly  a  tug-boat,  and  the  sister  ship  to  the  AjaxJ^ 

This  is  the  whole  catalogue  of  good  works,  additional  to  those  already 
alluded  to,  which  the  accomplished  advocate  of  Great  Britain  is 
able  to  put  in  *as  an  offset  to  the  simple  story  of  injuries  which    [299] 
has  been  told  in  this  paper.    Comment  upon  it  is  unnecessary. 

'  Bernard's  Neutrality,  page  358. 


US,  some 
erument. 
gh  Coin- 
;ou8,  but 
of  Great 
be  action 
1  liitherto 
assumed 

1  referred 
^thcr  the 
erence  to 
Hi, 

ice  [297] 
ed- 

Lbis  state- 
in  a  on  the 
i8  not  de- 
md  on  tlie 
Elarbor. — 
3d  to  the 
jrs  of  the 
•iherner  at 
e-runners. 
to  Homo 
Coufeder- 
out.  She 
p. — April 
)rd  Advo- 
'  (April  4) . 
Advocate, 
joeu  built 
Die 
\i- 
ler. 

nn  Fanny. 
of  equii>- 
be  block- 
had  been 
Hercules 
8  and  9. 
Ireland, 
the  crew, 
cordingly 
Tiie  Gov- 
On  her 
IS  discov- 
i  believed 
do,  inqui- 
t  she  was 

;e  already 

1  is 

ich    [299] 


[298] 


PERFORM  ITS   DUTIES   AS   A  NEUTRAL. 


121 


Theoharscfl  in  Mr. 

Fihh'rt  inslructioii  ol 
Spiilfmber  25,  1660, 
fiiifllniiied  by  thid  ev- 
idence. 


The  United  States  have  now  completed  what  they  have  to  say  in  this 
connection  of  the  conduct  of  Great  Britain  during  the  insurrection. 
Some  of  the  narrative  may,  in  its  perusal,  appear  minute,  and  to  refer 
to  transactions  which  will  be  claimed  on  the  part  of  Great  Britain  to 
have  been  conducted  in  conformity  with  some  construction  of  alleged 
International  Law.  These  transactions  are,  however,  historically  nar- 
rated; and  even  those  which  come  nearest  to  a  jiistiii cation,  as  within 
some  precedent,  or  some  claim  of  neutral  right,  exhibit  a  disinclination 
to  investigate,  not  to  say  a  foregone  conclusion  of  adverse  decision. 
British  municipal  statute  rather  than  recognized  International  Law  was 
the  standard  of  neutral  duty ;  and  the  rigid  rules  of  evidence  of  the 
English  Common  Law  were  applied  to  the  complaints  made  in  behalf  of 
the  United  States,  in  striking  contrast  to  the  friendliness  of  construc- 
tion, the  alacrity  of  decision,  and  the  ease  of  proof  in  the  interests  of 
the  insurgents. 

Before  proceeding  to  relate  in  detail  the  acts  of  the  several  cruisers, 
which  will  constitute  speciflc  claims  against  Great  Britain,  the  United 
States  ask  the  Tribunal  to  pause  to  see  what  has  been  already  estab- 
lished. 
[300]       *In  a  dispatch  from  Mr.  Fish  to  Mr.  Motley,  on  the  25th  of 

September,  18G9,  in  wliich  the  Government  of  the 
United  Sfales,  for  the  last  time,  recited  diplomatically  its 
grievances  against  Great  Britain,  certain  statements  were 
made  which  were  esteemed  to  be  of  sufficient  importance  to 
bo  transferred  to  Mr.  Mouutague  Bernard's  book.  Mr.  Bernard  was 
pleased  to  say  of  these  statements,  that  a  "rhetorical  color,  to  use  an 
inoffensive  phrase,  [was]  thrown  over  the  foregoing  train  of  assertions, 
which  "  - ■-     - 

those  st 

honor  to  incorporate  into  his  able  work,  and  to  comment  upon,  suid  they 
confidently  insist  that  every  statement  therein  contained  has  been  more 
than  made  good  by  the  evidence  referred  to  in  this  paper.  Those 
statements  were  as  follows,^  the  rel\;rences  to  the  proof  being  inserted 
for  the  convenience  of  the  Tribunal : 

"As  time  went  on  ;  as  the  insurrection  from  political  came  at  length 
to  be  military ;  as  the  sectional  controversy  in  the  United  States  pro- 
ceeded to  exhibit  itself  in  the  organization  of  great  armies  and  fleets, 
and  in  the  prosecution  of  hostilities  on  a  scale  of  gigantic  magnitude, 
then  it  was  that  the  spirit  of  the  Queen's  Proclamation  showed 
[301]  itself  in  *the  event,  seeing  that  in  virtue  of  the  Proclamation 
maritime  enterprises  in  the  ports  of  Great  Britain,  which  would 
otherwise  have  been  piratical,  were  rendered  lawful,  [see  Lord,  tkimpbeWs 
speech  in  the  House  of  Lords,  May  16, 1801 ;  cited  ante,  page  14,]  and  thus 
Great  Britain  became,  and  to  the  end  continued  to  be,  the  arsenal,  [see 
Hme  and  Ferguson^s  letters  and  Gorgas's  report  of  Huse's  purchases,]  the 
navy-yard,  [see  the  foregoing  aecotint  of  Bulloclc's  doings,]  and  the  Treas- 
ury, [see  the  foregoing  evidence  as  to  Fraser,  Trenholm  &  Co.'«  acts  as 
depositaries,]  of  the  insurgent  Confederates. 

"A  spectacle  was  thus  presented  without  precedent  or  parallel  in  the 
history  of  civilized  nations.  Great  Britain,  although  the  professed 
friend  of  the  United  States,  yet,  in  time  of  avowed  internatioiml  peace, 
permitted  [see  the  decision  in  the  Alexandra  case;  also  the  refusals  to 
proceed  against  the  Florida,  Alabama,  and  the  rams]  armed. cruisers  to  be 
fitted  out  and  harbored  and  equipped  in  her  ports  to  cruise  against  the 

*  Bernaixl'a  Neutrality  of  Great  Britain,  378-^80. 


purport  to  be  statemeuis  of  fact."    The  United  States  now  repeat 
statements  which  Her  Majesty's  High  Commissioner  did  them  the 


%i 


«r   .il 


\ 


n 


122 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


I         I 


mercliant-ships  of  the  Uuited  States,  and  to  burn  aud  destroy  them 
until  our  maritime  commerce  was  swept  from  the  ocean.  [See  Mr.  Coh- 
den's  speech  in  the  House  of  Commons,  May  13, 18G4.]  Our  merchant- 
vessels  wore  destroyed  piratically  by  captors  who  had  no  ports  of  their 
own  [see  Earl  liusselVs  speech  in  the  House  of  Lords,  A^ml  20, 
1804]  in  which  to  refit  *or  to  condemn  prizes,  and  whose  only  [302] 
nationality  was  the  quarter- declv;  of  their  ships,  built,  dispatclied 
to  sea,  and,  not  seldom  in  name,  still  professedly  owned  in  Great 
Britain.    [Sec  the  evidence  in  regard  to  the  transfers  of  the  Ocorgia,  and.  of 

the  Shenandoah.] 

******* 

"  The  Queen's  Ministers  excused  themselves  by  alleged  defects  in  the 
munici[)al  law  of  the  country.  [See  Earl  RusseWs  constant  pleas  of  want 
of  Hnffieient  proof  to  convict  criminals]  Learned  counsel  either  advised 
that  the  wrongs  committed  did  not  constitute  violations  of  the  muni- 
cipal law,  or  else  gave  sanction  to  artful  devices  of  deceit  to  cover  up 
such  violations  of  law.  [See  the  decision  as  to  the  Florida;  as  to  the 
Alabama  until  she  was  ready  to  sail ;  as  to  the  rams  ;  and  as  to  the  oper- 
ations at  Nassau,  Bermuda,  and  Liverpool.]  And,  strange  to  say,  the 
courts  of  England  or  of  Scotland,  up  to  the  very  highest,  were  occupied 
month  after  month  with  juridical  niceties  and  technicalities  of  statute 
construction  in  this  respect,  [see  the  Alexandra  case,]  while  the  Queen's 
Government  itself,  including  the  omnipotent  Parliament,  which  might 
have  settled  these  questions  in  an  hour  by  appropriate  legislation,  sat 
with  folded  arms,  as  if  unmindful  of  its  international  obligations, 
aud  suliered  ship  after  ship  to  be  constructed  *in  its  ports  to  wage  [303] 
war  on  the  United  States.  [See  the  decision  of  the  Cabinet,  com- 
nuinicated  to  Mr.  Adams,  Fc^^ruary  13, 1803,  and  Lord  Falmerston's  speech 

in  the  House  of  Commons,  March  27,  1803.] 

******* 

"When  the  defects  of  the  existing  laws  of  Parliament  had  become 

apparent,  the  Government  of  the  United  States  earnestly  entreated  the 

Queen's  Ministers  to  provide  the  required  renedj-,  as  it  would  have 

been  easy  to  do,  by  a  proper  act  of  Parliament  •  but  this  the  Queen's 

Government  refused.    [See  the  account  of  Lord  EusseWs  intervieio  tcith 

Mr.  Adams,  February  13, 1803.] 

*  *  *  *  m  *  * 

*'  On  the  present  occasion,  the  Queen's  Ministers  seem  to  have  com- 
mitted the  error  of  assuming  that  they  needed  not  to  look  beyond  their 
own  local  laAv,  enacted  for  theii-  own  domestic  conv'fnience,  and  might, 
under  cover  of  the  deficiencies  of  that  law,  disregai'l  their  sovereign 
duties  toward  another  Sovereign  Power.  Nor  was  it,  in  our  judgment, 
any  adequate  excuse  for  the  Queen's  Ministers  to  profess  extreme  tender- 
ness of  i)rivate  rights,  or  apprehension  of  actions  for  damages,  in  case  of 
any  attemi)t  to  arrest  the  many  ships  which,  ei\;her  in  England  or  Scot- 
land, were,  with  ostentatious  publicity,  being  constructed  to 
cruise  *against  the  United  States.  [See  the  evidence  as  to  the  [301] 
Florida,  the  Georgia,  the  Alabama,  the  rams,  the  Bermuda,  the  Tal- 

lalmssec,  the  Pampero,  the  Rappaliannoclc,  the  Latirel,  and  other  vessels.] 

******* 

"But  although  such  acts  of  violation  of  law  were  frequent  in  Great 
Britain,  an<l  susceptible  of  complete  technical  i)roof,  notorious,  flaunted 
directly  in  the  face  of  the  world,  varnished  over,  if  at  all,  with  the  shal- 
lowest pretexts  of  deception,  yet  no  efficient  step  appears  to  have  been 
taken  by  the  British  Government  to  enforce  the  execution  of  its  muni- 
cipal laws  or  to  vindicate  tJie  majesty  of  its  outraged  sovereign  power. 


[307] 


PERFORM   ITS   DUTIES  AS   A  NEUTRAL. 


123 


"[TJie  Alabama,  the  Florida,  the  Georgia,  and  the  Shenandoah  escaped.  The 
rams  were  seized,  hut  never  condemned ;  no  guilty  party  teas  ever  punished', 
Bullocic  and  Priolemi  iccre  never  interfered  tcith.] 

"And  tlie  GoverniuenJ  of  tlio  United  States  cannot  believe — it  would 
conceive  itself  wjnitinft'  in  respect  for  Great  Britain  to  impute — that  the 
Queen's  jMinistcrs  are  so  nuicli  hampered  bj' Juridical  diftlculties  that  the 
local  administration  is  thus  reduced  to  such  a  state  of  legal  impotency 
as  to  deprive  the  Goverinuent  of  capacity  to  uphold  its  sovereignty 
against  local  wrong-doers,  or  its  neutrality  as  regards  other  Sover- 
eign Powers.  [Contrast  tcith  this  the  course  of  the  British  Gov- 
[305]    *crnment  and  Parliament  during  the  Franco-German  tear.] 

"  If,  indeed,  it  were  so,  the  causes  of  reclamation  on  the  part 
of  the  United  States  would  only  be  the  more  positive  and  snre,^or  the 
law  o:  nations  assumes  that  eacli  Government  is  capable  of  discharging 
its  inttriuitional  obligations;  and,  perchance,  if  it  bo  not,  then  the  ab« 
scnco  of  such  capability  is  itself  a  spociflc  ground  of  responsibility  for 
consequences.    [This  statement prohahly  tcill  not  he  denied.] 

"  But  the  Queen's  Govenuneut  would  not  be  content  to  admit,  nor 
Avill  the  Government  of  the  United  States  i>resume  to  impute  to  it,  such, 
political  organization  of  the  British  Empire  as  to  imply  any  want  of 
legal  ability  on  its  part  to  discharge,  in  the  amplest  manner,  all  its  du- 
ties of  sovereignty  and  amity  toward  other  Powers. 

"  It  remains  only  in  this  relation  to  refer  to  one  other  point,  namely, 
the  question  of  negligence  ;  neglect  on  the  part  of  oflflcers  of  the  British 
Government,  whether  superior  or  subordinate,  to  detain  Confederate 
cruisers,  and  especially  the  Alabama,  tiio  most  successful  of  the  depre- 
dators on  the  commerce  of  the  United  States. 

"  On  this  point  the  President  conceives  that  little  needs  now  to  be 
said,  for  various  cogent  reasons: 
[300]       *  "  First,  the  matter  has  been  exhaustively  discussed  already 
by  this  Department,  or  by  the  successive  American  Ministers. 

"  Then,  if  the  question  of  negligence  be  discussed  with  frankness,  it 
nuist  be  treated  in  this  instance  as  a  case  of  extreme  negligence,  which 
Sir  William  Jones  has  taught  us  to  regard  as  equivalent  or  ap])roximate 
to  evil  intention.  The  question  of  lu'gligeuce,  therefore,  cannot  be  pre- 
sented without  danger  of  thought  or  language  disrespectful  toward  the 
Queen's  Ministers;  and  the  President,  while  purposing,  of  course,  as  his 
sense  of  duty  requires,  to  sustain  the  rights  of  the  United  States  in  all 
their  utmost  amplitude,  yet  intends  to  speak  and  act  in  relation  to  Great 
Britain  in  the  same  s])irit  of  international  respect  whi(!h  he  exjiects  of  her 
in  relation  to  the  United  States,  and  ho  is  sincerely  desirous  that  -ill  dis- 
cussions between  the  Governments  may  be  so  coudu(!t(Hi  as  not  only  to 
prevent  any  aggi'avation  of  existing  dili'erences,  but  to  tend  to  such 
reasonable  and  amic^able  determination  as  best  becomes  two  great  na- 
tommon  origin  and  conscious  dignity  and  stix'ugth. 
-a;ne,  therefore,  pretermitting  detailed  discussion  in  this  respect. 


tions 
[307J 


that  the  negligence  of  the  ofticers  of  the  British  Govei'ument  in 
the  matter  of  the  Alabama,  at  least,  was  gross  and  inex*cusable, 
and  such  as  indisputably  to  devolve  on  that  Government  full 
responsibility  for  all  the  depredations  conunitted  by  her.  Indeed,  this 
conclusion  seems  in  etlect  to  be  conceded  in  Great  Britain.  [See  the  pre- 
face to  Earl  EusseWs  Speeches  and  Dispatches.]  At  all  events,  the  United 
States  conceive  that  the  proofs  of  responsible  negligence  in  this  matter 
are  so  clear  that  no  room  remains  for  debate  on  that  point,  and  it  should 
bo  taken  for  giauted  iu  all  future  negotiations  with  Great  Britain." 


a*. 


•SH' 


Cll 


[310] 


•*W' 


1309] 


*PART  V. 


WHEREIN  GREAT  BRITAIN  FAILED  TO  PERFORBI  ITS  DU- 
TIES AS  A  NEUTRAL.— THE  INSURGENT  CRUISERS. 

"  In  tbo  first  placo,  I  am  sorry  to  obscrvo  that  tho  imwarrantablo  practice  of  build- 
ing sbips  in  this  country,  to  bo  used  as  vcssols  of  war  a{j;ainst  ii  State  with  wbiili  Her 
Majesty  is  at  peace,  still  continues.  Her  Majesty's  (jloverninent  bad  hoped  tliat  thin 
attempt  to  make  tho  territorial  waters  of  Grt^at  Britain  the  place  of  preparation  for 
warlike  armaments  ajjiiinst  the  United  States  might  bo  put  an  end  to  by  i)rosecution8 
and  by  seizure  of  tho  vessels  built  in  ])ursuanco  of  contracts  made  with  tho  Coufedcrato 
agents.  But  facts  which  are  unhappily  too  notorious,  and  correspondence  wLich  baa 
been  put  into  the  luuids  of  Iler  Majesty's  Government  by  tho  Minister  of  the  Govern- 
ment of  tho  United  States,  show  that  resort  is  had  to  evasion  aiul  subtlety  in  order  to 
CHcapo  tbo  penalties  of  the  law ;  that  a  vessel  is  bought  in  one  place,  that  her  arma- 
ment is  prepared  in  another,  and  that  both  are  sent  to  some  distant  port  beyond  Her 
Majesty's  jurisdiction,  and  that  thus  an  armed  steamshiit  is  fitted  out  to  cruise  against 
the  commerce  of  a  Power  in  amity  with  Her  Majesty.  A  crew,  composed  i)artly  of 
British  subjects,  is  proeun>d  separately ;  wages  are  paid  to  them  for  an  unknown  ser- 
vieo.  They  are  dispatched,  perhaps,  to  tho  coast  of  Franco,  and  there,  or  elsewhoro, 
are  engaged  to  servo  in  a  Confederate  nnm-of-war. 

"Now,  it  is  very  possible  that  by  such  shifts  and  stratagems,  tho  penalties  of  tho 
existing  law  of  this  country,  nay,  of  any  law  th.at  could  bo  enacted,  nniy  bo  evaded ; 
but  the  ofl'enso  thus  oflered  to  Her  Majesty's  authority  and  dignity  by  the  de  facto 
rulo4-s  of  the  Confedorate  States,  whom  Her  Majesty  acknowledges  as  belligerents,  and 
whoso  agents  in  tbo  United  Kingdom  enjoy  tfio  benefit  of  our  hospitality  in  (piiot  se- 
curity, remains  the  same.  It  is  a  proceeding  totally  unjustifiable,  and  manife>>tly  of- 
fensive to  the  British  Crown."— ii^ari  IlussvlVa  Letter  to  2Icsirs.  Mason,  SUdcll,  and  Mann, 
February  i:?,  18l')5.     Vol  I,  page  CIJO. 

Tho  Tribunal  of  Arbitration  will  probably  agree  with  Earl  Rus- 
[310]    sell  in  his  statement  to  th  ?  insur*gent  agents,  that 
"  the  practice  of  building  ships"  in  Great  Britain  "to 
bo  used  as  vessels  of  war"  against  tho- United  States,  and  uln^Jr^S' S t'" 
the  " attempts  to  make  the  territorial  waters  of  Great  Brit-  "^'"^ "■« "^ti^ii' 
ain  the  place  of  ju-eparatiou  for  warlike  armaments  against  the  United 
States"  "in  pursuance  of  contracts  made  with  the  Confederate  agents," 
were  "  unwarrantable"  and  "totally  unjustiiiable." 

British  territory  was,  during  the  whole  struggle,  the  base  of  the  na- 
val operations  of  the  insurgents.  The  flrst  serious  fight  ,.,;,;,,,  ,„riiory 
had  scarcely  taken  place  before  tho  contracts  were  made  l^',',;;:;'„,'io,i'',!ifi"iia 
ill  Great  Britain  for  the  Alabama  and  the  Florida.  The  """'i^'"'- 
contest  was  nearly  over  when  Waddell  received  his  orders  in  Liverpool 
to  sail  thence  in  the  Laurel  in  order  to  take  command  of  tho  Sheuau- 
doah  and  to  visit  the  Arctic  Ocean  on  a  hostile  cruise.* 

There  also  was  the  arsenal  of  the  insurgents,  from  whence  they  drew 
their  munitions  of  war,  their  arms,  and  their  supplies.  It 
is  true  that  it  has  been  said,  and  may  again  be  said,  that  it 
was  no  infraction  of  the  law  of  nations  to  furnish  such  supplies.  But, 
wliileit  is  not  maintained  that  belligerents  may  infringe  upon  tbo  rights 
which  neutrals  have  to  manufacture  and  deal  in  such  military  supplies 
in  the  ordinary  course  of  commerce,  it  is  asserted  with  coniidence 
[311]  that  a  neutral  *ought  not  to  permit  a  belligerent  to  use  the  neu- 
tral soil  as  the  main  if  not  the  only  base  of  its  military  supplies, 
during  a  long  and  bloody  contest,  as  the  sod  of  Great  Britain  was  used 
by  the  insurgents. 


Karl  Rilflpell  (!e- 
noim^es  tho  lU'tH  of 
whidi      the     United 


Thsir  araenal. 


m 


dt 


I 


I  Vol.  in,  page  461. 


en 


126 
It 


INSURGENT   CRUISERS. 


The  li^-itrmntirni). 
ernlint.'*  «>!"  ilio  in- 
viirptnti*  n  v'lnlnliim 
t'l  the  il  ittc8  of  A 
ncutrnL 


may  not  .ilwaya  bo  easy  to  dctenninc  what  is  and  what  is  not 
hiwl'ul  coMiiiicrce  in  aims  and  munitions  of  war ;  but  the 
Unitod  States  conceive  that  there  can  be  no  doubt  on  wliicli 
side  of  the  line  to  phice  the  insurgent  operations  on  Uritish 
territory.  Jf  Iluse  had  been  removed  from  Liverpool,  lley- 
lifter  i/om  Nassau,  and  Walker  from  liermuda  ;  or  if  Fraser,  Trenhohn 
&  Co.  had  ceased  to  sell  insurgent  cotton  and  to  convert  it  into  money 
for  the  use  of  Huse,  lleyliger,  and  Walker,  the  armies  of  the  insurgents 
must  have  succumbed.'^  The  systematic  operations  of  these  ])ersons, 
carried  on  oi)enly  and  under  the  avowed  protection  of  the  British  Gov- 
eenmcnt,  made  of  IJritish  territory  the  "  arsenal "  of  which  Mr.  Fish 
com[)lained  in  his  note  of  September  25,  ISOt).'  Such  conduct  was,  to 
say  the  least,  wanting  in  the  essentials  of  good  neighborhood  and 
should  be  frowned  upon  by  all  who  desire  to  so  establish  the  printiiples 
of  International  Law,  as  to  secure  the  pciK'e  of  the  world,  while  pro- 
tiecting  the  independence  of  nations. 

It  is  in  vain  to  say  that  both  parties  could  have  *done  the  same  [312] 
thing.  The  United  States  were  under  no  such  necessity.  If  they 
could  not  manufacture  at  home  all  the  supplies  they  needed,  they  wore 
enabled  to  make  their  purchases  abroad  opeidy,  an«l  to  transport  them 
in  the  ordinary  course  of  commerce.*  It  was  the  insurgents  who,  una- 
ble to  manufacture  at  home,  were  driven  to  England  for  their  entire 
military  supplies,  and  who,  finding  it  impossible  to  transport  those  sup- 
plies in  the  ordinary  course  of  commerce,  originated  a  commerce  for  the 
purpose,  and  covered  it  under  the  British  Hag  to  Bernuida  and  Nassau. 
Under  the  pressure  of  the  naval  power  of  the  Unite<l  States,  their  ne 
cessities  compelled  them  to  transport  to  Enghmd  a  part  of  the  execu- 
tive of  their  Government,  and  to  carry  on  its  operation  in  Great  Britain. 
They  were  protected  in  doing  this  by  Her  ]^Iajesty's  Government, 
although  its  attention  was  called  to  the  injustice  thereof.^  This  con- 
duct deprived  the  United  States  of  the  benefit  of  their  superiority  at 
sea,  and  to  that  extent  British  neutrality  Avas  partial  and  insincere.  The 
United  States  confidently  submit  to  the  Tribunal  of  Arbitration  that  it 
is  an  abuse  of  a  sound  i)rineiple  to  extend  to  such  combined  transac- 
tions as  those  of  Iluse,  Heyliger,  Walker,  and  Fraser,  Trenhohn 
&  Co.,  the  well-settled  right  of  a  neutral  to  manufacture  and  *sell  [313] 
to  either  belligerent,  during  a  war,  arms,  munitions,  ami  militarj' 
supplies.  To  sanction  such  an  extension  will  be  to  lay  the  foundation 
for  international  misunderstanding  and  probable  war,  whenever  a 
weaker  party  hereafter  may  draw  upon  the  resources  of  a  strong  neu- 
tral, in  its  efforts  to  make  its  strength  equal  to  that  of  its  antagonist. 
From  the  Queen's  Proclamation  of  neutrality  to  the  close  of  tho 
struggle.  Great  Britain  framed  its  rules,  construed  its  laws 
i,y'^'7or""ir"'u'''uV  and  its  instructions,  and  governed  its  conduct  in  the  In- 
'"■"'  terest  of  the  insurgents.    What  could  teiul  more  to  inspirit 

them  than  the  news  that  on  the  eve  of  Mr.  Adams's  arrival  in  London, 
as  if  to  show  in  the  most  public  manner  a  purpose  to  overlook  him,  and 
to  disregard  the  views  which  ho  might  have  been  instructed  by  his 
Government  to  present,  it  had  been  determined  to  recognize  their 
right  to  display  on  the  ocean  a  flag  which  had  not  then  a  ship  to  cany 
it  ?  How  they  must  have  welcomed  the  parliamentary  news,^  on  the 
heels  of  this  proclamation,  that  the  effect  of  this  recognition  would  be 
to  employ  British  subjects  in  warring  ujion  the  commerce  of  the  United 

'  Vol.  VI,  page.  4. 

2  Lord  Russell  to  Mr.  Adams,  Vol.  I,  page  578. 

8  Vol.  V,  pages  486  to  91. 


the  ves; 

The 
either  i 
would 
country 
vessels 
sels  of  t 
Those 
such  a  ^ 


GENERAL   BEVIEW. 


127 


,t  is  not 

but  tho 

,n  which 

1  British 

)ol,  il«'.v- 
L^reiiiiolm 
o  money 
isuvgonta 
persons, 
ish  Gov- 
^Ir.  Fish 
[it  was,  to 
liood  and 
principles 
,vhile  i>vo- 

uno    [312] 

lioy 

they  were 

,port  tlieni 
who,  una- 

heir  entire 
those  snp- 

}rce  lor  the 

nd  Nassan. 

s,  their  ne 
the  execu- 

eat  Britain. 

overnnicnt, 
Tliis  con- 
periority  at 
incere.  The 
ition  that  it 
ed  transac- 
hoini 
♦sell    [313] 

itary 
ibviudation 

Avhenever  a 
strong  neu- 
Intagonist. 
!lose  of  the 
iied  its  laws 
ft  in  the  in- 
1-e  to  inspirit 
\  in  London, 
,ok  him,  and 
cted  by  his 
bguize  their 
fhip  to  cany 
Aws,^  on  the 
lou  would  be 
If  the  United 


States,  with  a  protection  against  piracy  promised  In  advance !  TTow 
great  ninst  have  been  their  joy,  when  tliey  fouinl  Britisli  liiws  con- 
strued so  as  to  confer  upon  tliem  the  right  to  use  the  worksliops 
[314]  •anddock-yards  of  Liverpool,  for  building  sliips  which,  without 
violating  the  numicipal  law  of  England,  might  icavo  British 
porta  in  such  warlike*  state  that  they  could  be  lit  ted  tor  battle  in  twenty- 
four  bonis !  How  they  nuist  have  been  cheered  by  the  olllcial  legaliza- 
tion of  the  operations  of  those  who  had  been  sent  to  Liveri)ool  iu 
anticipation  of  the  proclamaticm,  to  be  in  readiness  to  act!  And  if 
these  welcome  sights  inspirited  and  <;heered  the  insurgents,  as  was 
doubtless  the  case,  how  relatively  depressing  must  have  been  their 
efl'ect  upon  the  loyal  people  and  upon  tlie  (loveriunent  of  the  United 
States!  Tlio  correspondence  of  Mr.  Seward  and  of  ^Ir.  Adams,  run- 
ning through  the  whole  of  the  volumes  of  evidence  accompanying  this 
case,  bears  testimony  totho  depth  of  this  feeling. 

When  Great  Britain  carried  into  practice  its  theory  of  neutrality,  it 
was  f,ual]y  insincere  and  partial.  i;..,.,,„iiui,iior,  .,< 

ItK  iaunicipal  laws  for  enforcing  its  obligations  as  a  neu-  lr'irnti»'il'°l;;>'i;il'l 
tral,  under  the  law  of  nations,  were  confessedly  inadecpiate,  """"" 
and,  during  the  struggle,  were  stripped  of  all  their  force  by  executive 
and  judicial  construction.    Yet  Great  Britain  refused  to  take  any  steps 

for  their  amendment,  although  requested  so  to  do.' 
[315J  The  (Jueen's  Proclamation  inhibited  blockade-*running ;  yet  the 
authorities  enconraged  it  by  enacting  new  laws  or  making  new 
regulations  which  permitted  the  transshipment  of  goods  contraband  of 
war  within  the  colonial  ports;  by  olVicially  informing  the  colonial  offi- 
cers that  "  British  authorities  ought  not  to  take  any  steps  adverse  to 
merchant-vessels  of  the  Confederate  States,  or  to  interlero  with  their 
free  resort  to  British  ports  ;"*  by  giving  oflicial  notice  to  the  United 
States  that  it  would  not  do  to  examine  too  closely,  on  the  high  seas, 
British  vessels  with  contraband  of  war;^  and  by  regulations  which 
operated  to  deter  the  United  States  vessels  of  war  from  entering  the 
British  ports  from  which  the  illicit  trade  was  carried  on. 

The  Foreign  Enlistment  Act  of  1819  forbade  the  employment  of  a 
British  vessel  as  a  transport ;  and  yet  vessels  known  to  be  owned  by 
the  insurgent  authorities,  and  engaged  in  carrying  muniiionsof  war  for 
them,  were  allowed  to  carry  the  British  Hag  and  were  welcomed  in  liritish 
ports.  S  11  further,  the  same  vessel  would  appear  one  day  as  a  block- 
ade-runner, and  another  day  as  a  mau-oi-war,  receiving  an  equal  wel- 
come in  each  capacity. 

The  instructions  of  January  31, 18G2,  forbade  both  belligerents  alike 

to  enter  the  port  of  Nassau  except  by  permission  of  the  governor, 

[31G]    or  in  stress  *of  weather.    That  permission  was  lavishly  given  to 

every  insurgent  cruiser,  but  Avas  granted  churlishly,  if  at  all,  to 

the  vessels  of  the  United  States. 

The  same  instructions  forbade  the  granting  to  a  steam  man-of-war  of 
either  belligerent  in  British  ports  a  supply  of  coal  in  excess  of  what 
would  be  necessary  to  take  the  vessel  to  the  nearest  port  of  its  own 
country  or  some  nearer  destination.  This  rule  was  enforced  upon  the 
vessels  of  the  United  States,  but  was  utterly  disregarded  as  to  the  ves- 
sels of  the  insurgents. 

Those  instructions  also  forbade  the  granting  of  any  supply  of  coal  to 
such  a  vessel  if  it  had  been  coaled  iu  a  British  port  within  three  months. 

'  Auto,  pajjc  251. 

2  Duke  of  Newcastle  to  Governor  Old,  Vol.  II,  page  558. 

'  Earl  Eussell  to  Lord  Lyons,  Vol.  II,  page  591. 


mi. 


'^l 


128 


INSURGENT   CRUISERS. 


Yet  ill  tliroo  notable  instances  this  Halntary  rule  was  violated,  that  of 

the  Nashville,  at  lU^muda,  in  F«'l»ruary,  1H02;  the  Florida,  at  narl)adoo8, 

in  February,  l.S(>;{;  and  the  Alabama,  at  (Capetown,  in  Mar(;h,  18)54. 

These  admitted  faets  were  repeatedly,  and  in  detail,  brouKht  to  the 

notice  of  the  Hritish  tlovernnient,  and  as  repeatedly  the 

ThMe  (ictii  throw  .  ai       ^    ii  i»  *      a        i' 

Ku.r-Kiun  n„,m  th-  answcr  was  }»iven  that  ther(i  was  no  eausc!  lor  mterlerenee. 
At  len^ith  they  were,  as  a  system,  broufjht  to  Lonl  liassell's 
attention,  by   Mr.  Adams,  with   the  threads  of  evidence, 

which  furnished  him  with  the  proof  of  their  truth.    Yet  he  <lecliuea 


I  i.tli    liiw.irit    ir 
tottt  (TULiem. 


(,(r.. 


to  net,    Hayiiijj    that    *'  this    eorivspoiuUMKio    does  not  appour 


[317] 


•to  Her  IVIaJesty's  Government  to  contain  any  sulli(!ient  evidencie 
of  a  system  of  acition  indirect  hostility  to  the  United  States;" 
that  it  furnished  no  proof  as  to  the  buihlinfj  of  ironclads  that  "could 
fcu'm  matter  for  a  criminal  prose(;ntion  ;"  and  that  the  other  acts  com- 
plained of  were  "not  contrary  to  law."'  In  other  words,  he  <leclared 
that  the  oidy  international  otVense  of  which  Her  Majesty's  Government 
would  take  n(>tiee  was  the  buildin^j  of  iron-clads ;  and  that  no  steps 
would  be  taken,  even  ufijainst  persons  guilty  of  that  violation  of  neutral- 
ity, until  the  olludals  of  the  United  States  would  act  the  part  of  detec- 
tives, and  secure  the  proof  which  a  British  court  could  hold  comju'tent 
to  convict  the  oli'ender  of  a  violation  of  a  local  law.  It  is  important,  in 
considering  the  evidence  which  is  abcmt  to  be  referred  to,  to  bear  in  mind 
these  constant  demonstrations  of  i)artiality  for  the  iiisurg«^nts.  They 
show  a  i)ersistent  absence  of  real  neutrality,  which,  to  say  the  least,  should 
throw  susi)icion  npon  the  acts  of  the  British  otticials  as  to  those  vessels, 
and  should  incline  the  Tribunal  to  closely  scrutinize  their  conduct. 
The  United  States,  however,  go  further  than  this.  They  insist  that 
Thry  ,ho,»  i.n  Upr  IMajesty's  Government  abandoned,  in  advance, 
||I;;,T,V™I.v;',"1t  the  exercise  of  that  duo  *diligence  which  the  Treaty  [318] 
m...om,.umc.ini.  of  Wasliiugtou  declares  that  a  neutral  is  bound  to 
observe.  They  say  that  the  i)ositiou  of  Her  Majesty's  Government  just 
cited,  taken  in  connection  with  the  coiwtructiou  put  ui)ou  the  Foreign 
Enlistment  Act  by  the  British  courts  in  the  Alexandra  case,  was  a 
l)ractical  abandonment  of  all  obligation  to  observe  diligence  in  prevent- 
ing the  use  of  British  territory  by  the  insurgents,  for  purposes  hostile 
to  the  United  States.  They  aver  that  it  w  as  a  notice  to  them  that  no 
complaints  in  this  respect  would  be  listened  to,  which  were  not  accom- 
panied by  proof  sufficient  to  convict  the  offender  as  a  criminal  under 
the  Foreign  Enlistment  Act.  To  furnish  such  proof  was  simply  impos- 
sible. The  Tribunal  will  remember  that  it  was  judicially  said  in  the 
case  of  the  Alexandra,  that  what  had  been  done  in  the 
matter  of  the  Alabama  was  no  violation  of  British  law,  and 
therefore  constituted  no  ofl'ense  to  be  punished.  Well 
might  Earl  Eussell  say  that  the  Oreto  and  the  Alabama 
were  a  scandal  to  English  laws. 
The  United  States  with  great  confidence  assert  that  the  facts  which 
Lave  been  established  justity  them  in  asking  the  Tribunal  of  Arbitra- 
tion, in  the  investigations  now  about  to  be  made,  to  assume  that  in  the 
violations  of  neutrality  which  will  be  shown  to  have  taken  place, 
the  burden  of  i>roof  *will  be  upon  Great  Britain  to  establish  that  [319] 
they  could  not  have  been  prevented.  Her  Majesty's  Government 
declined  to  investigate  charges  and  to  examine  evidence  submitted  by 
Mr.  Adams,  as  to  repeated  violations  of  British  territorj',  which  sub- 
sequent events  show  were  true  in  every  respect.    It  placed  its  refusal 

^'Earl  Rusaell  to  Mr.  Adams,  Vol.  I,  page  578. 


They  throw  upon 
GrRat  Uritnin  the 
Imriiuii  of  proof  to 
show  th.it  tlie  HCtn 
comp/jtincd  of  cotild 
not  have  been  pro- 
veated. 


[321] 


'    -Tl 


TITE   SUMT1A 


129 


,  tluvt  of 
rbudoes, 
|H(i4. 
t  to  the 
My  th« 

UusHcll's 

ivi»lciH!e, 

tlecUued 

iir 

,(!0    [317] 

t  "could 

nets  com- 
(k'claved 

vovmnent 
no  steps 

»f  netitral- 
of  detec- 

jompi'tent 

xntunt,  in 

iir  ill  mind 

its.    Tliey 

list,  sliould 

,8e  vessels, 

iduct. 

insist  tliat 

nee, 

.^aty    [318] 

dto 

nment  just 
Hi  Foreign 
ISO,  was  a 
in  prevent- 
acs  hostile 
em  that  no 
not  accom- 
linal  under 
plv  impos- 
jiiid  in  the 
)ne  in  the 
ih  law,  and 
led.     Well 
Q  Alabama 

acts  which 
of  Arbitra- 
that  in  the 
lace, 

that    [319] 
naent 

bmitted  by 
which  sub- 
its  refusal 


upon  principles  v.'liich  must  iiu'vitahly  N-ad  to  like  disrcptiinl  in  future — 
priti<-iph>.s  which  rendered  mi;;iitoiy  liierenllei'  any  ineasiire  of  dilij,'eiice 
to  discmer  vinliitions  of  iientnilily  widi  n  Her  Miijesty's  dominions. 
Thereliy  (ireiit  Ihitiiin  iissiimed  nnd  jii.stii  id  :ill  siiiiiliir-mts  whicli  had 
been  or  mi;;ht  1)0  coiiiiiiilted,  and  i'elie\eil  th(;  United  States  Irom  the 
necessity  of  nhowin^  tiiat  «l(ie  <liliyei!cc  was  not  exercised  to  prevent 
them. 

Of  what  use  was  it  to  exercise  dilifjencn  to  show  tin'  purpose  f()r  wliieh 
the  Fhuida,  the  Aial)amii,  or  the  (re.>r;;ia  was  e(>ustrncie<l,  or  tiii^  Shen- 
andoah was  purchased,  if  the  const ru'^tin*;',  liltin;;  «)Ut,  or  e()ui|)piu;;,  or 
tlie  purciiase  toi'  such  ()l)iefts  was  lawful,  and  conhl  not  be  interlered 
with  if  Wliat  (lilif^cnce  (louhl  have  jucveuted  tht^  excessive  supplies  of 
coal  and  otlier  hos|)italili<'s  to  tlie  iusar;ient  cruisers,  or  the  protection 
of  traixixMts,  all  of  wliich  made  these  ports  Itases  of  opeiatious,  if 
such  acts  were  no  viohitiou  of  tiie  ib.ties  of  a  neutral,  of  wliich  Iho 

L'nitetl  States  mi|;ht  Justly  <'oiii|)laiu  i 
\IV2()]  •rhe<'ruis»!rs  for  whose  acts  the  Uuited  States  ask  this  Tril)unal 
to  hold  Great  Ibitain  responsible  are  (statiuijf  them  i,,„„f  ,h„  ;„«,. 
in  the  order  in  which  their  j-ruises  l)e;;an)  the  Siiuiter;  the  «"""■"•••"•■ 
Nashville;  the  Kloiida  and  iier  tenders,  tin-  Clarence,  the  Tacony,  and 
the  Archei';  the  Alal)ama  and  her  'eudcr,  the  Tuscaloosa  ;  the  Iietrihu- 
tioii ;  the  CJcor;;ia:  the  Tallahassee;  the  Chiekaman^jfa;  and  the  Shenan- 
doah. The  attention  of  the  Triliunal  of  Arbitration  is  now  invited  to 
au  account  of  each  of  these  vessels. 


The  Sumter. 


THE  SUaiTEll. 

The  Sumter  escaped  from  the  j)asses  of  the  Missiasip])!  on  the  30tli  of 
June,  l.StH,  and  on  the  ."»t)th  of  the  Ibllowiufr  July  arrived 
at  the  Jiritish  port  of  Trinidad.  She  reuuniu'd  there  .qx 
days,  takinj;  in  a  supjdyof  coal.'  Complaint  beinjjf  made  of  this  act  as 
a  ••violation  of  IJer  Majesty's  Prodaumtion  of  Neutrality;""''  Loi'd  IJus- 
sell  replied,  that  "the  conduct  of  the  Goveiiior  was  in  conlbnuity  to 
Ilcr  Majesty's  Proclamation;"  that  "Captain  Ilillyar,  of  Her  Majesty's 
Ship  Cadmus,  havlufjf  sent  a  boat  to  ascertain  her  imtiouality,  tlu^  com- 
nmndiu};  ollicer  showed  a  commission  sij>ned  by  Mi'.  .Tetl'erson 
[321]  Davis,  calliu'^  himself  the  Presi*dentof  the  so-styled  Coulederato 
States."''  Her  Majesty's  Government  thus  held  this  vessel  to  be  a 
man-of-war  as  early  as  the  3(»th  of  .Inly,  1801. 

Ilavinjj;  not  a  full  supply  ot  coal  ;ind  other  necessary  outfit,  the 
Sumter  sailed  on  the  oth  of  August,  IStJl,  and,  alter  a  cruise,  in  which 
she  destroyed  six  vessels  carryiu}^  the  lla*;'  of  tlu^  Unitcil  States,  she 
arrived  in  Gibraltar  on  the  18tli  of  the  (ollowinjjf  January.  l>elbre  she 
could  again  be  supi)lied  with  coal  and  leave  that  port,  sljc  was  shut  in 
by  the  arrival  of  the  Tuscarora,  a  vessel  of  war  of  the  United  States, 
which  "  anchored  oil"  AUeitlras."^  The  Tuscarora  was  soon  followed  by 
the  Kearsarge,  both  under  the  instructions  of  the  Government  of  the 
United  States. 

Finding  it  impossible  to  escape,  an  attempt  was  made  to  sell  the 
Sumter,  with  her  armament,  for  je-ijOOO.''    The  consul  of  the  United 

'  IJi'iiiiml  to  Sowartl,  Vol.  II,  pa;;e  485. 
•Adarim  to  UnsscU,  Vol.  II,  i)ag«)  484. 
^  'UiiHsell  to  AiliiiiiH,  Vol.  II,  i)aKo4rf().  v 

*  Spra-^uo  to  Sewaid,  Vt)l.  II,  ])a}5c  &02. 
'•  Suraijuo  to  Admns,  Vol.  II,  uui;o  507. 
S.  Ex.31 9 


'*', 


^^1 


Iv 


i 


130 


INSURGENT   CRUISERS. 


Stiitos  ;it  Gibiiiltiir,  by  dircctioii  of  IVlr.  Adams,  protested  af!:jiiiiRt  this 
sale.'  Tlio  sulc,  was  liaally  made  '•byi)iiblic  auction"  on  the  l!>tli  of 
Dceeiiibor,  li:^^'^2.^  Mv.  Adattis  norified  Earl  Kussoll  that  the  sale  would 
not  be  reeo.qiii/ed  by  the  United  Stntes,  and  called  ui)()n  Great  JJritain 
not  to  rcvuaid  it,  a.s  it  had  been  niatle  in  violation  of  ijrinciplcs  of 
law  that  had  been  *adoi)ted  by  Ibilish  courts  and  luiblicists.''  lie  [ol'lij 
maintained  that"  Her !^lajesty's( lovernment, in furnishin;:;' shelter 
lor  so  lony  a  jieriod  to  the  Sumter  in  the  harbor  of  Gibraltar,  as  a  shii) 
of  war  of  a  beilijjfejent,  had  determined  the  character  of  the  vessel ;'"' 
and  that  ''  the  piuchase  of  ships  of  vair  belonging  to  enemies  is  held  in 
the  Diitish  courts  to  be  iiivalici."^ 

Alter  rellectlng  upon  this  simple  proposition  for  more  than  live  weeks, 
Earl  llu^vsell  denied  it.  lie  said,  "The  British  Government,  when  neu- 
tral, is  not  bound  to  refuse  to  a  British  subject  the  right  to  acquire  l\v 
purchase  a  vessel  which  a  belligerent  owner  may  desire  to  i)art  witii, 
but  it  wouhl  liot  deny  the  right  of  the  adverse  belligerent  to  ascertain, 
if  such  vessel  were  captured  by  its  cruisers,  whether  the  vessel  Inul 
rigid iully,  ac'cording  to  the  law  of  nations,  come  into  the  jmsscssion  of 
the  neutral.""  IMr.  Adams  also  maintained  that  the  sale  was  lictitious,''  to 
which  Earl  liusscll  replied  that  he  "could  not  assume  that  the  Su(nter 
had  not  been  legally  and  bona  fide  sold  to  a  British  owner  for  commer- 
cial and  i)eacelul  jmrposes."*  Mr.  Adams  insisted  (and  the  result 
proved  tliat  he  *was  correct)  that  the  sale  of  the  Sumter  was  [323] 
tictitious.  and  tint  the  purchaser  was  an  agent  of  Eraser,  Tren- 
holm  »S:  Co.,  the  treasury  agents  and  depositaries,  &c.,  lor  the  insurgent 
authorities  at  Bichmond.^  IJis  rei)resentations  were  <lisregarded,  and 
the  vessel  was  taken  to  Liverpool  and  thoroughly  repaiied.  She  then 
took  on  board  a  cargo  of  arms  and  munitions  of  war,  and,  under  tlu; 
the  name  t)f  the  Gil)raltar,  lortihed  with  ii  British  register,  became  an 
insurgent  transport.'" 

In  all  these  proceedings  on  the  part  of  British  official.''^  the  United 
States  (ind  a  i>artiality  toward  the  insurgents,  which  is  inconsistent  with 
tiie  duties  of  a  neutral : 

.1.  The  t:5umter  was  permitted  to  receive  at  Trinidad  a  full  supply  of 
coal.  The  United  States,  however,  were  forbidden  by  Great  I5ritain 
oven  to  deposit  coal  in  the  British  West  Indies  for  their  own  use,  under 
such  regulations  iis  might  be  prescribed  by  Her  Jlajesty's  Government. 
What  took  place  at  Nassau  in  December,  LSOl,  has  already  been  told. 
In  Bermuda,  on  the  i'hh  of  February,  18(5L*,  their  consul  was  olli- 
cially  inlbrmed  that  "the  Government  of  iJer  Biitannic  Majesty 
*had  determined  not  to  allow  the  formation  in  any  British  colony  [324] 
of  a  coal-depot  for  the  use  of  their  vessels  of  war,  either  by  the 
Government  of  t  he  Unite<l  States  or  of  the  so-styled  Confederate  States."" 


"  liii.sscii  1(1  i\(ianiH,  >  <)i.  11,  ]iii,iio  "^.o. 

'  Ailuiim  to  Kii.ssi'll,  Vol.  11,  liajj,(>  f/JO, 

*  litisscll  to  AciuiiiM,  Vtil.  II,  pii^'o  .""i-l. 

"The.  iimiiiiuil  iMiicliasiT.s  were  M.  G.  Kliiij^crdcr  &.  Co.,  (Vol.  II,  l>ai;(i  r-'J[>.)    Tli;l 
hollH^!^^■ils«'<'llll('ctl■(l  with  Finsi'i, 'rnMiliolin  &.  Co.,  aii<l  puitl  it'siiliirly  a  [xutioii  oftii 
\ya'j;<'s  of  t lin  men  on  (lie  Alalianiti  to  tlieir  I'auiilit.'s  iu  Liveij^iool.    (Sre  Dudley  to 
AiliUiis,  V(il.III,im^'«'210.) 

"'Vol.lI,i)aj;uHL-.;;l-.');!d. 

1'  Onl  to  Allen,  Vol.  II,  p.ipio  f;00.  See  also  the  roporto  of  the  officers  of  tlio  Keystone 
anil  llie  Quaker  City,  who,  in  Deee'nber,  IriGl,  were  )ela.s<'(l  8ni)i>lies  of  coal  at  this  jiort^ 
Vol.  VI,  liases  M  and  5'J.  Hv^  also  the  cuho  of  the  Florida,  jwi/,  whero  thitj  suhject  i« 
Dioro  fully  discussed. 


[' 


'JO/ 


coal, 

that 

sells 

Stat( 

correc 

of  wa 

ofEai 

State; 

Tribu 

enfon 

Were  i 

3. 
the  hi 

tW(>tni 

to  assi 
Khij). 
M;  II 

'  Vol. 

»Tli,. 

war,  liitb 

«<•  ninell 

i^nioticj 

M'ol.  I 

*  Sin-al 


nst  this 

H)th  of 
e  would 

IJi'iViun 
.f 

la  a  sliip 
vessel f ' 
s  heUl  in 

c  weeks, 
lien  neu- 
•quivo  by 
liwt  with, 
;»scerti\in, 
essel  hud 
session  of 
it  ions,''  to 
le  Sninter 
V  counucr- 
*ult 
wa«    [3123] 

i-eu- 
insnrgent 

vrded,  and 
She  then 
undei'  th(( 

beciune  an 

e  United 
stent  with 

supply  of 

at  Biitain 

use,  under 

oveiinnent. 

been  toUl. 
was  otli- 

'Sty 

ony    [324] 

the 
te  States."" 


.  tlio  Keystone 

)al  lit  tliirt  i>oit- 

tbia  Buliject  w 


THK    SUM'^IiK. 


131 


Belbro  this  Cas  j  is  llnis'.ied  it  will  be.  seen  ho^v  thoroujihly  this  deter- 
inination  was  disrej;arded  as  to  the  "so-styled  Confederate  States." 

If  it  should  be  t!u)ii,!jrht  that  the  hal)itually  insincere  neutrality  of 
Great  Britain,  as  already  detailed,  did  not  constitute  sneli  a  violation 
of  the  duties  of  a  neiitial  as  wouhl  entail  responsibility  for  the  acts  of 
all  the  insiiri^ent  ernisers,  (whicli  the  United  States,  wiih  con(id(>n(;e, 
niaintai;»  that  it  did,)  it  is  clear  that  the  Saniter  wa.  fui wished  with  an 
t>xcessive  Mui)i)ly  of  <*.oai  at  Trinidad,  which  supply  enal)!etl  her  to  intlict 
the  sabse(|uent  injinies  on  thocoinrncn-e  of  the  United  States.  It  is  not 
contentled  that  at  tliat  time  tlicre  were,  any  precedents  whi(;h  settled 
absolutely  the  qnantity  of  coal  which  jnijjht  bo  furnished  to  a  bellige- 
rent steuMi  man-of-war  by  a  neutr.d.  When  the  |)ro<'laniatiou  of  neu- 
trality was  issned,  it  seenu'd  to  bo  the  opin;o!i  of  leading  nienil)ers  of 

t!io  lionse  of  Lords,  (Loids  l>rong!ia.ni  and  Kingsdown,  for 
[32j|    instance,)  that  coal   for  the   use  of  vessels  of  war  *iniglit  bo 

regarded  a.s  (contraband  of  wai'.'  The  instructions  issued  by  lie- 
Majesty's  (Jovennnent  a  few  months  later  permitted  tiiis  article  to  lio 
famished,  i)rovided  the  supply  shoidd  be  measured  by  the  capaiaty  of 
the  vessel  to  consume  it,  and  should  be  limited  to  what  might  he  neces- 
sary to  take  it  to  the  nearest  port  of  its  own  country,  or  to  some  nearer 
destination.  This  rule,  as  sid).se(piently  modilied  by  the  Uniti'.d  States,* 
appears  to  be  ajnst  medium  between  the  ex<!essive  supply  furnished  to 
the  Sumter  in  Tiinidad  and  tne  alvsolute  refusal  to  permit  the  United 
States  to  supply  itself.  Undei-  this  rule  the  Sumter  would  have  been 
entitled  to  receive  only  what  would  be  necessary  to  take  her  to  New 
Orleans  or  to  Galveston. 

2.  The  Sumter  was  in  the  port  of  Gibraltar  when  the  instructions  of 
Jamiary  1(5,  1802,  (Vol.  IV,  j),  17o,)  were  ])ublished  then>,'' on  the  11th 
February.     l>y  their  terms  they  were  to  go  into  effect  six  i' ays  after 

that  date.  UiidcT  those  instructions  tiie  Sumter,  having  been  rec- 
[320]    ognized  as  a  man-of-war,  ought  to  ha    '.  been  requirecl  to  *leave 

the  jHjrt  of  Gibraltar  v.ithin  twenty-four  hours,  or,  if  without 
coal,  Avithln  twenty-four  hours  alter  getting  a  supply  of  coal.  Instead  of 
that  sh(?  was  allowed  to  reuiidn  there  for  twelve  months,  while  Lord  Rus- 
sell's instructions  weni  ligidly  enfon-ed  against  the  vessels  of  the  United 
States.  The  reason  for  this  ])a)tiality  may  be  easily  gathero<l  from  the 
corresjjondence  of  the  Unite<l  States  Consul  at  Gibraltar.*  The  vessels 
of  war  of  the  United  States  wejc  on  her  track,  and  had  the  instru(;tioi;s 
of  Earl  Ivussell  been  con',plied  v.itli,  the  well-laid  schemes  of  the  United 
States  oUlcers  for  her  destructit^i  Vvould  have  been  successiul.  But  tho 
Tribunal  wdl  observe  that  the  instructions,  which  were  so  offensively 
enforced  against  the  United  States  vessels  Coiniecticut  and  Honduras, 
were  ignored  as  to  the  insiu'gent  vessel  Sumter. 

3.  The  sale  of  the  Sumter  was  palpably  an  evasion.  She  went  into 
the  hands  of  Fraser,  Trenholm  &  Co. ;  iind,  knowing  the  cotuiection  be- 
tween thai  lirm  and  the  insurgents,  it  is  not  (oo  nuxch  to  ask  the  Tribunal 
to  assuTuci  as  a  iirobability  that  tlicre  was  never  any  change  of  owner- 
ehii).  But  if  it  .diouhl  be  thought  that  the  transacjtion  was  made  bona 
fide,  then   there  i,-}  an  equal  proabability  that  tho   money  lound  its 

. ! 

'V(.l.  IV,  i)]).48(M'Jl. 

'The  I'lfsidt'iit'H  rroclaniation  of  OotolKT  8,  IH70,  i8.siu><l  dnritip;  tho  Franco-German 
war,  liitiilcil  tho  niipply  ot'  coal  to  tho  war  vohhcIs  or  jivivatucrs  of  Iho  ht.'lliu^('i<'iUH  to 
W)  imu'h  aH  iiiii;Iit  hi!  Kutnciciit,  if  wilhout  Hail-powca',  to  uairy  tho  vesHel  to  tho  neari.fit 
Eiiiopcaii  jiort  of  its  own  country ;  if  with  nail-powor,  to  huii'thut  quantity. 

3 Vol.  II,  iiagtHr,():>,r,o:!. 

*  iiinuixiw  to  AduJim,  Vol.  II,  pagca  502, 503, 506,  507. 


3'' 

1^ 


'■J 


"i  iM ! 


132 


mSURGENT   CRUiaEES. 


m 


way  to  the  ♦credit  of  the  insurgents  in  their  Liverpool  trans-    [327] 
actions. 

By  reason  of  these  rei>eate(l  acts  of  insincere  nentrality,  or  of  actnal 
disre;;anl  of  fiie,  duties  of  a  neutral,  liie  Uniteil  States  were  great  suf- 
lerers.  llefore  arriving  at  Triniihid  tlie  Sumter  cai)tured  eleven  Ameri- 
can vessels.'  Alter  leaving  that  port,  and  l)efore.  nrriving  at  Gibraltar, 
she  cajitured  six  other  \essels  belonging  to  citizens  of  the  United  iStates. 
The  injaiy  did  not  stop  liiere.  The  United  States  nnide  diligent  elfort.s 
to  capture  this  vessel  vhich  was  destroying  their  commerce.  For  this 
|)nrpose  they  disptitched  acioss  the  Atlantic  two  of  their  laeii-of-war,  the 
Jvearsarge  and  the  Tuscarora.  These  vessels  followed  on  the  track  of 
the  Sumter,  and  the  plans  of  the  United  States  would  have  been  suo- 
cessful  had  Karl  llussell's  instructions  of  Jiinuary  31,  18(>2,  been  carried 
out  toward  the  Sumter  in  the  jtoit  of  Oibraltar,  as  they  were  carried  out 
towurd  the  vessels  of  tlie  United  States  in  all  the  colonial  ports  of  Great 
Britain. 

Under  these  circumstances,  the  United  States  ask  theTribuiuil  to  find 
nnd  certify  as  to  the  Sumter  that  Great  Britain,  by  theactts  or  omissiona 
liereinbe.lore  recited  or  referred  to,  lailed  to  fuKill  the  duties  set 
forth  in  the  three  rules  in  Article  *VI  of  the  Treaty  of  Washing-  [328] 
ton,  or  recognized  by  the  principles  of  Jnternational  Law  not  in- 
consistent with  such  rules.  Should  the  Tribunal  exercise  the  i)ower  con- 
ferred upon  it  by  Article  VII  of  the  Treaty,  to  award  a  sum  in  gross  to 
be  paid  to  the  United  States,  they  will  ask  that,  in  considering  the 
amount  so  to  be  awarded,  the  losses  of  individuals  in  the  destruction  of 
their  vessels  and  cargoes  by  the  Sumter,  and  also  the  expense  to  whi(!h 
the  United  States  were  put  ia  the  pursuit  of  that  vessel,  may  be  taken 
into  account. 


nr.  Kimlivillu. 


THE  NASHVILLE. 

The  Nashville,  a  large  paddhvwheel  steamer,  formerly  engaged  on  the 
New  York  and  Charleston  line,  lightenni  to  iliminish  her 
draught,  armed  with  two  gnus,  and  ceumanded  by  an  ollicer 
who  had  been  in  the  ^"avy  of  the  United  States,  ran  out  from  Charleston 
on  the  night  of  the  2Gth  of  October,  ISGl.^  She  arrived  at  the  British  jiort 
of  St.  (leorge,  Bermuda,  on  the  afternoon  of  the  3()th^  of  the  same  month, 
Laving  been  about  three  an«l  a  half  days  making  the  passage.  She  took 
on  board  tlu^re,  by  the  permission  of  the  Governor,  six  hundred 
tons  of  coal,*  and  this  act  was  ai>proved  by  Her  I\la*jesty's  prin-  [329] 
cii)al  Secretary  of  Stale  lor  the  Colonies,'*  This  appioval  seems 
to  have  been  elicited  by  the  complaints  which  had  been  made  to  the 
Governor  by  the  Consul  of  the  United  States  at  that  jjort."  It  may  also 
be  that  Her  Majesty's  Government  preferred  to  have  the  question  set- 
tled, before  it  could  be  made  the  subject  of  diplomatic  representation  on 
the  part  of  the  United  States. 

In  view  of  the  rule  as  to  supplies  of  coal  which  was  soon  after  adopted 
by  Her  Majesty's  Government,  the  United  States  insist,  as  they  have 
already  insisted  in  regard  to  the  Sumter,  that  a  supi)ly  of  six  hundred 

'  IJoniard  to  Seward,  Vol.  II,  pii<;c  4*5. 

*  UriiianrM  Nfutralitv  ol' Great  IJritaiu,  pago  2G7. 
»  WcILs  to  Seward,  Vol.  II,  pajj;*}  .0:38. 

*  Governor  Ord  to  tbo  Diik«!  of  Newcastle,  Vol.  IT,  page  .'>57. 

*  Dulvo  of  Newcastle  to  Governor  Ord.  Vol,  II,  pugo  ."jOW, 
»  Wolla  to  Ord,  Vol.  11,  i)ajL;o  539. 


[331 J 


[332J 


M 

H 

3] 

M' 

*0 

«A 

»A 

•D 

THE  FLORIDA  AND  HER  TKNDKRS. 


163 


l- 


[327] 


r  actual 
icat  suf- 
1  Amoii- 
ibraltar, 
1  States. 
it  cllovts 
For  this 
war,  tlici 
track  of 
eon  sno- 
1  carried 
rried  out 
of  Great 

al  to  find 
)inissioua 
>et 

.?;■  F81 
iii- 

ower  cou- 
»  gross  to 
eriiijj;  the 
ruction  of 
5  to  which 
be  taken 


red  on  the 
iiiish  her 
an  oili<;er 
harlestoii 
itish  port 
lie  month, 
She  took 
red 

rin-  [3i»0] 
ems 

ide  to  the 
t  may  also 
lestion  set- 
utatiou  on 

cr  adopted 

they  have 

IX.  hundred 


tons  was  ffreatly  iti  excess  of  the  needs  of  the  [N^asliville.  There  are  no 
means  of  knowin}^  whether  she  liad  any  (roal  on  board  at  the  time  slio 
aiTived  in  tiie  ])ort  of  St.  Gcorffe.  Assiunin;^'  that  slie  had  none,  the 
ntinost  she  should  have  received  was  enou.^h  to  take  her  hack  to 
Charleston,  from  wliich  jiort  slu;  had  Just  coin(>  in  three  days  and  a,  half. 
Instead  of  tljat,  she  received  more  than  a  supply  Jor  a  voyage  to  South- 
ampton.    She  left  Beiuuula  on  the  afternoon  of  the  oth  of  Novemhwr,' 

and  anchored  in  Southampton  waters  ou  the  m()rnin;if  of  the  L'lst 
f.'>;50]    of  the  same  month,''  *havin,n-  destioyed  at  sea  the  United  States 

merchant-shii)  Harvey  IJintlr'on  the  passage. 
A  correspondence  ensued  hetween  Earl  liussell  and  I\Ir.  Adams  as  to 
the  character  of  this  vessel,  in  which  Loi'd  Uussell  said,  ''The  Nashville 
appears  to  he  a  Confcdei-ate  vessel  of  wai*."^  Slie  was  received  as  su(;h, 
was  "taken  into  dock  for  calking  and  other  repairs,"  and  "received  one 
hundred  and  filty  tons  of  (;oal"<)n  the  lOth  of  .January.  On  tlie  tioth 
"(Ja|)tain  Patey,  of  Her  Majesty's  ]S'avy,  reported  the  Nashville  coaled 
an<l  necessary  repairs  complete*!."* 

On  the  4lli  of  the  followiug  February  the  Nashville  left  Sonthami>ton 
ami  i)r<)cee<led  to  Jj(>rmu(la,  wheie  she  arrived  on  the  evening  of  tlie 
-Oth.  On  the  day  previous  to  that  (the  lOth)  the  Consul  had  re(;eiveil 
from  the  Ooveinor  the  oCicial  noticxi  already  allndetl  to,  that  thc^  Cov- 
ernment  of  Her  Ihitanuic  Majesty  had  determined  not  to  allow  tl.e 
foiination,  in  any  British  Colony,  of  a.  coal  depot  lor  the  use  ot  the 
veswsels  of  war  of  the  United  States."  The  Government  of  I'.ie  United 
States  was,  therelbre,  not  a  little  astonished  to  learn  from  the  Consul  at 

l>ermu(la  tiiat  the  Naslivilh;  had  taken  on  board  one  hundred 
[331]    *an<l  lii'ty  tons  of  coal  at  that  place,  and  that  she  left  "under  the 

escort  of  Her  Majesty's  steamer  S[)itetu!."^ 
Thes(^  cinMimstanccs,  iu  ac(;oi'da!ice  with  tlie  pi'inciples  hereinbefore 
stated,  justify  the  United  States  in  asking  the  Tribiuial  of  Arbitnitiori 
as  to  this  vessel,  to  lind  and  certify  that  Great  Britain,  by  tlie  acts  or 
ounssions  hereinbefore  recited  or  referred  to,  failed  to  luUill  tlie  duties 
set  forth  in  the  tlnee  rules  in  Article  VI  of  the  Treaty  of  Washington 
or  recognized  by  tiie  luineiples  of  International  Law  not  inconsistent 
with  such  rules.  Should  the  Tribunal  exercise  the  power  eonfeiTed 
upon  it  by  Article  VU  of  the  Treat^v,  to  award  a  sum  in  gross  to  bo 
paid  to  the  United  States,  they  will  ask  that,  in  considering  the  amonnti 
m  to  be  awarded,  the  losses  of  individuals  in  the  destruction  of  their 
vessels  and  cargoes  by  the  Nashville,  and  also  the  expenses  to  which 
the  United  States  wero  put  in  the  pursuit  of  that  vessel,  may  be  taken 
into  account. 


[332J  •THE  FLORIDA,  AND  HER  TENDERS,  THE  (^LAEENCE, 
THE  TACONY,  AND  THE  ARCHER. 

The  Florida,  originally  known  as  the  Oreto,  was  an  iron-screw  gun- 
boat, of  abfiut  seven  liu...lred  tons  burden,  bark  rigged,  and  ti,,-  riorii.  a>4 
had  two  smoke-stacks  and  three  masts."    The  contract  for  •>" »«"*"•. 

'  Wolls  to  SiiWiUil,  Vdl.  II,  pjif^o  540. 

» C;iptain  Patt-y  to  tlio  Sccivtiiry  at'  the  Admiralty,  Vol.  II,  pages  54;\,  544. 

3  KiiHscU  to  AdiuUB,  Vol.  II,  pago  555. 

*  Vol.  II,  pago  587. 

»Or(l  to  Allon,  Vol.  II,  pa«o590. 
'Adams  to  Sinvanl,  Vol.  II,  page  542. 

*  Allen  to  Soward,  Vol.  II,  pagi),591. 

*  Dudley  to  Ad'MUH,  Vol.  II,  i)ago  594.  '*>■''■ 


M\. 


•11 


^m 


I 


l?lll 


134 


IXSUEOENT   CKUISKRS. 


v^n 


'■■•i 


.IT*;**' 


her  constnictioii  was  mnde  with  Fawcett,  Preston  &  Co.,  of  Liverpool, 
hy  DuUocU,  soon  iif'tor  ho  e;iiiio  to  Eiijihiiul  iti  the  sniiiiner  of  ISOl. 
lie  was  iiitroduectl  to  them  by  Prioleiiu,  of  tiie  linn  of  Fraser,  Treuholm 
&  Co.,  ill  order  that  he  uiij;ht  iiiiike  the  eontiact.' 

It  was  pieti'iKk'd,  for  Ibinj's  sak<',  that  she  was  constructed  for  the 
rtalian  Oovcniniciit;  but  it  w;is  a  sludlow  ijicteiise,  and  <U't!cived  only 
thoiie  wiio  wished  to  be  deceived.  Tiie  Italian  (yoiisnl  at  Liverpool 
disclaimed  jdl  knowledge  of  her,^  i-.nd  i)eop!e  .it  that  j)ort  who  weie  iii- 
niiliai-  witli  s!iii)huildiii{''  nndtMstood  irom  tlie  lirst  tliat  she  was  being 
built  for  tlie  yonthern  insurj^eiits.^ 

The  prccis(!  date  of  the  mnkiiiff  of  the  contract  cannot  be 
gfiven  by  (he  United  States.  The  *i!in8e  of  time  within  which  it  [333] 
must  hiive  been  inadeciiii  be  dc>(erniined.  Lnlloek  left  Enj;land  in 
the  autumn  of  ISOI,  at  oi'  about  the  time  tlint  the  Lermuda  sailed  with 
IJuse's  lirst.  shijiment  of  stores;  and  returned  in  March  on  the  Annio 
Childs,  which  ran  the  blockade  from  Wilmington.'*  The  contnict  was 
made  before  he  left,  and  the  Florida  wsis  constructed  dining  his  absence. 

The  contract  for  the  construction  oi'  the  hull  was  sub  let  by  Fawcett, 
Preston  &  Co.,  to  Miller  &  Sons,  of  Liverpool.^  The  i)nyments  to 
Miller  &  Sons  were  made  by  Fawcett,  Preston  &  Co.;  the  piiynients  to 
Fawcett,  Preston  &  Co.  were  miule  by  Fraser,  Treuholm  &  Co. 

By  the  4th  of  February  the  Florida  was  taking  in  her  coal,  and  ap- 
pej'.rances  indiciited  that  she  would  soon  leave  w  itliout  her  armament." 
She  nuule  her  trial  trip  on  the  17th  of  February.  IJy  the  1st  of  March 
she  had  taken  in  her  provisions,  "a  very  large  quantity,  enough  lor  a 
long  cruise,"  and  was  "getting  as  many  Southern  sailors'"  iis  possible. 
She  was  registered  as  an  English  vessel."  Although  api)are.itly  ready 
to  sail,  she  lingere<l  about  Liverpool,  which  giive  rise  to  .some 
speculations  in  the  min<ls  of  the  people  of  that  town.  It  *was  [334] 
said  that  she  had  "  injured  herself  aial  was  undergoing  repairs."* 
The  mystery  was  solved  by  the  arrival,  on  the  lltli  of  March,  in  the 
Mersey,  of  the  Annie  Childs  from  Wilmington,  bringing  as  passengers 
Captinn  Bullock'"  and  lour  other  insurgent  naval  othcers,  who  came  oa 
boaitl  of  her  "some  twenty  miles  down  the  river  from  Wilmington,"" 
and  who  were  to  take  commands  on  the  vessels  which  were  contracted 
for  in  Liverpool.  As  soon  as  they  arrived  they  went  on  boiir<l  the 
Floridii,  and  were  entertained  there  1  hat  evening.'*  On  the  22d  of  March 
the  Florida  took  her  linal  departure  from  the  Mersey,'^  with  "a crew  of 
filty-two  men,  all  British,  with  the  exception  of  three  or  four,  ane  of 
whom  only  was  an  American.'"'^  She  was  consignc<l  by  Bullock  to 
Heyliger.  Another  account  says  that  she  was  consigned  to  AdUerly 
&Co. 

'  I'liolfiui's  cvidfiico,  V^ol.  VI,  paso  LSI. 

^  Diitlloy  to  .Sewiiid,  Vol.  II,  piigo  im. 

•'  »Su«  Mr.  Diulli'.v's  (lispjitclies  of  January  24  and  '31,  and  of  February  4, 12, 17, 19, 21, 
22,  'i(),  mid  ^7,  iiiui  of  March  1,  .'3,  IJ,  15,  I'J,  aud  22,  iu  tUo  year  1802,  Vol.  VI,  pago  214, 
et  nctj. 

<  Dudley  to  .Scwanl,  Mnicli  12,  18G2,  Vol.  VI,  pas"  223. 

^Siiuie  to  isanio,  Foljniary  12,  lr()2,  Vol.  Vi,  pago  21."). 

<i  Dudley  to  .Seward,  Vol.  II,  !)ago  DOJ  ;  Vol.  VI,  page  215. 

'8auio  to  «a;'ii',  N'ol.  II,  page  idli:  Vol.  VI,  page  2.Q. 

"  iianie  to  wunio,  Vol.  II,  page  U'J7 ;  Vol.  VI,  page  22!. 

»  Dudley  to  Seward,  March  7,  1^)2,  Vol.  VI,  page  222. 

'"  Same  to  Kanu^  March  22,  Itiiii,  Vol.  VI,  pago  i24. 

"  Dudley  to  Adams,  Vol.  II,  pi  go  (iOl. 

'«  Vol.  II,  page  (K)l. 

'»Vol.  II,  page  (304.  . 

"  CustoiuK  Keport,  Vol.  II,  pi.go  C05 ;  Vol.  VI,  page  231. 


[337] 


^'^-illi 


*im\ 


verpool, 
of  1S()1. 
leiiholiu 

I  for  tho 
\-('(l  only 
jivoipool 
woio  i<i- 
as  being 


[333] 


be 

it 

ill 

ik'«l  with 
he  Annio 
tr!U!t  was 
1,  absence. 

Fawcett, 
n)onta  to 
V meats  to 

1,  and  ap- 
iinanuMit." 
of  Rlarch 
)n}iU  lor  a 
^  possible^ 
.itly  ready 
)nie 
was;    [334] 

•i;li,  in  tlio 
)assengers 
o  came  on 
linjJtton,"" 
I'ontracted 
boar«l  the 
lI  of  March 
K  a  crew  of 
)ur.  ane  of 
iuUoek   to 
o  Adderly 


V,',  17, 10, 21, 
Vi,  page  214, 


THE    FLORIDA    AND   ITER   TENDERS. 


135 


Simultaneously  with  these  proceedings,  shipments  were  bein^j  mado 
at  Hartlepool,  on  the  eastern  coast  of  Eiij^land,  of  (tannon,  lilies,  shot, 
shells,  «.S:e.,  intended  for  the  Florida.  They  were  sent  from  Liverpool  to 
llarticpool  by  rail,  and  there  put  on  board  the  steamer  Dahuma  for 

Nassau. 
[o3fjJ  It  was  a  matter  of  public  notori"ty  that  this  v.as  *goin,n:  on.' 
All  llu^  lacts  about  the  Florida,  and  about  the  hostile  ex[)editiou 
it  was  proposed  to  make  ajyainst  the  United  States,  were  ojjen  and 
notorious  at  Liverpool.  I\Ir.  i)udley's  correspondence,  already  cited,  v>  as 
full  of  it.  The  means  of  intellijieiiee  v.-eie  as  accessible  to  British 
authoiities  as  to  the  consular  ofliceis  of  the  United  States.  Neverthe- 
less, it  was  esteemed  to  be  the  duty  <tf  the  oflJ(;ers  of  the  United  States 
to  lay  what  IkmI  coaie  to  their  knowledge  before  Her  IMaJesty's  Govcrn- 
ment.  ]\Ir.  Dudley,  the  Consul  at  Liverjjool,  wrote  to  JMr.  Adanss  that 
he  had  inlbrmation  from  many  different  sources  as  to  tiie  Oreto,  "all  of 
which  j;'oes  to  show  that  she  is  intended  for  the  Southern  Confeileracy."* 
ilr.  Adams  transmitt(>d  the  iidelli^eiiee  to  Larl  lUissell,  and  sjiid  that 
he  "entertained  little  doubt  that  the  intention  v,as  precisely  that  indi- 
cated in  the  letter  of  the  Consul,  the  carryinj?  on  war  a.yainst  the 
United  States."  *  *  *  lie  added,  "Should  further  evidence  to  sus- 
tain the  allegations  resi)ecting  the  Oreto  lie  held  necessaiy  to  elVect  the 
object  of  securiiiff  the  ii:iteriK)silion  of  Her  Majesty's  (lovernment,  I 

will  make  an  effort  to  ))ro('ure  it  in  a  more  formal  manner."^ 
|33G]  The  United  States  ask  the  Tribunal  to  observe  *that,  notwith- 
standing this  offer,  no  ohjeatloa  ica.s  taken  os  to  the  form  of  the 
information  submitted  by  Mr.  Ailams,  nor  ican  he  asl-cd  by  Earl  UuHticU 
for  further  purtieuhirs.  Loid  llussell,  however,  in  reply,  transmitted  to 
Mr.  Adams  a  report  of  the  British  Commssioners  of  Customs,  in  whi(^h 
it  was  stated  that  the  Oreto  was  a.  vessel  of  war,  "i)ierced  for  four 
guns;"  that  she  was  "built  l)y  Miller  ik,  Sons  for  Fawcett,  i^'estou  & 
Co.,"  and  was  "intended  for  the  use  of  iMessrs.  Thomas  Brothers,  of 
Palermo;"  that  she  "had  been  handed  over  to  Messrs.  Fawcett  & 
Presto-i :  that  Miller  &  Son  stated  their  belief  that  the  destination  was 
Palermo;"  and  that  "the  examiners  had  every  reason  to  believe  that 
the  vessel  was  destined  for  the  Italian  Government."''  Further  repre- 
sentations being  made  by  I\h\  Adams,  the  same  oliicers  subsequently 
reported  that,  having  received  directions  "to  inquire  into  the  further 
allegations  made  in  regard  to  the  Oreto,"  they  found '"that  the  vessel 
ill  question  was  registered  on  the  3d  of  JMar<;h  in  the  name  of  John 
Benry  Thomas,  of  Liverpool,  as  f  de  owner;  that  she  cleared  on  the 
following  day  lor  Palermo  aM<l.. Jamaica,  in  l)allast,  but  did  not  sail  until 
the  lil'd,  #  #  *  having  a  crew  of  filty-two  men,  all  Briti.Ji, 
[337]  with  the  exception  of  *three  or  four,  one  of  whom  only  was  au 
American,"^ 
The  Tribunal  of  Arbitration  will  observe  that  even  from  the  reports 
of  these  British  oliicers  it  is  established  that  the  Florida  was  a  vessel 
of  war,  "pierced  for  four  guns;"  and  also  that  notwithstanding  their 
alleged  belief  that  she  was  intended  for  the  King  of  Italy,  she  was  allowed 
to  clear  for  Jamaica  in  ballast.  Attention  is  also  invited  to  the  easy 
credulity  of  these  ofiicials,  who,  to  the  first  charges  of  Mr.  A<lanis,  re- 
plied by  putting  forward  the  "  belief"  of  the  builders  as  to  the  destination 

'  Sets  Mr.  Diulh'y's  '.lispivtclies  "f  M.iruli  7,  12,  ami  lo,  Vola.  II  aud  VI. 
« Dudley  to  AdiuiiM,  Vol.  II,  pajjo  .VJ 1 ;  Vol.  VI,  pn-je  iil6. 
3  AdiiiiiH  to  Itiisscil,  Vol.  II,  p!iy;o  f)'JJ;  Vol.  VI,  page  216. 
*  Vol.  II,  pagea  005,  % ;  Vol.  VI,  page  218. 


'■'i'U 


m 


HI 


■i, 

J' 


vn 


» Vol.  II,  yago  Coj ;  Vol.  VI,  pago  231. 


■i 


il' 


Mm 


136 


INSUKGENT   CRUISERS. 


"Si:) 


of  tlie  vessel,  ai)vl  wlio  met  ])i.s  subsequent  comi)laint.s  by  oxti'iictinj;  from 
tlio  custom  bouse  records  tbe  ialsc  clennmco  whicb  IJulIock,  ii:Hl  Fnizer, 
Treiibolm  &  Co.,  biid  caused  to  be  entered  tbere.  tSucb  ii'u  exiiiuiiialion 
jiiid  sucb  11  report  can  scarcely  be  rej:;ar<led  as  the  exei'cis(^  of  tbe  "duo 
dilijjcence"  called  i'or  by  the  rules  of  the  Treaty  of  Waslihifitou. 

The  Fh)rida  arrived  at  Nassau  on  the  L'Sth  of  April,  and  \v;is  tak'Mi  in 
charge  by  Ucyligcr,  who  was  then  ji  well-known  alid  re;  ogni/A'd  insur- 
gent aj-ent.  The  Laliania  arrived  ii  few  days  later  at  the  same  i)ort  by 
preconcerted  arrangement.  The  two  branches  of  the  hostile  ex[ic- 
dition,  which  had  lelt  (Jreat  Ihitaiii  in  detachments,  were  thus 
♦united  in  liritish  waters.  They  were  united  in  their  conception  [338] 
in  the  contrac^ts  witli  Fawcett,  Frcston  &  Co.  They  were  tempo- 
rarily si'itarated  by  tlie  shii)ment  of  a  jjortion  of  the  ammunition  and 
stores  by  rail  to  Hartlepool,  and  thence  by  the  I3ahama.  They  were  now 
a^^ain  luiited,  and  the  vissels  went  to.i;('ther  to  (,'ochrane's  Anchoi'a<;e, 
a  idace  about  nine  miles  iiom  the  harbor  of  Nassau,  not  included  in  tlio 
poi  t  limits. 

While  there  Captain  llickley,  of  ller  Majesty's  ship  Greyhound, 
thought  it  his  duty  to  make  a  careful  examination  of  the  vessel,  and  ho 
reporteil  her  condition  to  the  (Jovernor.  In  a  remarkable  certilicate, 
signed  by  liimself,  and  by  the  ollicers  of  the  (Ireylioiuid,  dated  .June  13, 
l.StJi;,  it  is  stated  that  he  "asked  lite  Captaui  of  tlii'  Uieto  whether  the 
Oreto  had  left  Liver])o;)l  in  all  respects  as  she  was  theii ;  his  answer  was 
yes;  in  all  resp<'cts.'"  ^vs,  therefoic,  no  changes  had  licen  made  in  her 
alter  leaving  liiverpool,  (!aptain  Ilickley's  re|)ort  may  be  taken  to  bo 
the  ollicial  evidence  of  a  British  expert  as  to  her  character,  at  the  timo 
of  Mr.  Adams's  com])laints,  and  of  the  customs  examinations,  lie  says, 
"1  then  i)rocc;'(led  to  examine  the  vessel,  and  found  her  in  e\cry  respect 
fitted  as  a  war  vessel,  precisely  the  same  as  vessels  of  a  simitar 
class  in  Jler  Majesty's  Navy.  Sh<i  *has  a  nmgazine  an<l  light-  [339] 
rooms  forward,  handing-rooms  and  handing  scuttles  tor  powder  as 
in  war  vessels;  shell-rooms  aft,  lifted  as  in  men-oi-war;  a  regtdar  lower 
deck  with  hamnu)ck-hooks,  mess-shelves,  &c.,  &c.,  as  in  our  own  war 
vessels,  her  cabin  accommodations  and  littings  generally  being  tliose  as 
fitted  in  vessels  of  her  own  class  in  the  Navy.  *  *  *  yi^.  js  ;i  vessel 
capable  of  carrying  guns;  she  could  carry  lour  broadside-guns  forward, 
four  broadside-guns  att,  and  two  jtivot-guns  ami<lships.  Ilcr  ports  are 
fitted  to  ship  and  unship;  ixn-t-bars  cut  through  on  the  upper  i»art  to 
unship  also.  The  construction  of  her  ports,  1  considei',  aie  pecuhar  to 
vessels  of  war.  I  saw  shot-boxes  all  round  her  upper  deck,  calculated 
to  receive  Armstrong  shot,  or  shot  similar.  She  had  breeching  bolts 
and  shackles,  and  si(U'tackle  bolts.  Magazine,  shell-rooms,  and  light- 
rooms  aie  entirely  at  variance  with  the  tittings  of  a  merchant-ship.  ISlie 
had  no  accommodation  whatever  for  the  stowage  of  cargo;  only  stow- 
ago  for  ])rovisions  and  stores.  She  was  in  all  respects  litteil  as  ji  vessel 
of  war  of  her  class  in  ller  Majesty's  Navy.  *  *  *  2'lie  Oreto,  as  she 
note  fitancls,  could,  in  my  profcHHtonal  opinion,  with  her  crew,  yuns, 
arms,  and  ammunition,  (joinf)  out  with  another  vcusel  alongside  of  her,  be 
equipped  in  twenty Jmir  hours  for  batttc.^'''- 

♦The  judge  before  whom  t  he  case  was  tried,  commenting  on  this    [340J 
e,vidence,  said:  "Captain  Ilickley's  evidence  as  to  the  construc- 
tion and  fittings  of  the  vessel  1  should  consider  conclusive  even  had 
there  been  no  other ;  but  that  construction  and  those  fittings  were  made, 
not  here,  but  in  England.''''^ 


ti, 


Vol.  VI,  page  240. 


■'  Vol.  VI,  payca  2C4  aud  2CG. 


»Vol.V,  page  513. 


TIfE   FLORIDA   AND   HKR   TENDERS. 


137 


11  j;  from 

liunliou 
duo 


10 


ak'Mi  in 

il  instir- 

poit  by 

11'  ex  lie- 

.11    [33S] 

()- 

tion  and 

icre.  now 

(•lionijie, 

.'d  in  tlio 

^vliound, 

1,  and  ho 

'itilicaio, 

.June  lo, 

ether  tlie 

swer  vvaa 

de  in  her 

ken  to  bo 

the  time 

lie  says, 

y  ieS[>ect 

lit-    [3J9] 
as 

liar  lower 
•  own  war 
••  tliose  as 
s  a  vessel 
lor  ward, 
ports  are 
i-  i»art  to 
cnhar  to 
alenhited 
inj;  bolts 
md  li}iht- 
hii).    She 
)idy  stow- 
s  a  vessel 
do,  ««  «/i(J 
cic.  (juns, 
of  tier,  be 


le 


this    [340] 

ruc- 

cven  hiid 
ere  wade, 


,  page  513. 


This  was,  therefore,  the  condition  of  the  Florida  when  she  left  Liver- 
pool. That  .she  was  then  "  intemled  to  cruise  and  carry  on  war"  aj^Minst 
the  United  States  there  can  he  no  reasonable  doubt;  that  she  was 
"litted  out"  and  "e<iuii)i)ed"  v»itliin  the  jurisdiction  of  Great  liritain, 
witli  all  tlie  littinjjs  and  eijuipnients  necessary  to  enable  her  to  carry  on 
such  war,  is  equally  clear  from  Cai)tain  Ilickley's  professional  statement. 
"Arininy"  alone  was  necessary  to  make  her  ready  for  l)attle.  l>y  the 
rules  of  the  Treaty  of  Wasliington  either  the  "littinji:  out"  ov  the 
"e(iuippin}4"  constitute  an  olfcpse  without  the  "a.rminf;'."'  That  (Ireat 
Britain  ha<l  reasomd)le  ground  to  believe  tiiat  the  iittin;?  out  and  the 
equipping  had  been  done  within  its  jurisdiction,  with  intent  that  she 
shouhl  carry  on  such  a  war,  the  United  States  claim  to  have  substan- 
tiated.   That  she  had  been  specially  adapted  within  British  jurisdiction, 

to  wit,  at  Liverpt)ol,  to  warlike  use,  will  scarcely  be  (juestioned 
[341]    i'.fter  the  positive  testimony  of  Captain  lliekley.    That  her  *dc- 

parture  Ironi  the  jnrisdictiiui  of  (Jreat  Britain  might  have  been 
prevented  after  the  information  furnishetl  by  Mr.  Adams  would  seem  to 
be  beyond  doubt.  And  that  a  neglect  to  i)revent  such  <leparture  was  a 
faibne  to  use  the  ''due  tllligence"'  called  lor  by  the  .second  clause  of  the 
lirst  rule  of  the  Treaty  obvujusly  follows  the  last  conclusion.  If  thc.se 
several  statements  aie  well  founded.  Great  Britain,  by  jieiniitting  the 
construction  of  the  Flori<la,  at  Liveii)ool,  inrder  tin?  circumstances,  and 
hy  consenting  to  her  departtne  from  that  port,  violated  its  duty  as  a 
neutral  (iovenunent  toward  the  United  Stat«'s. 

The  Uinte<l  States  Consul,  soon  alter  the  arrival  of  the  Orelo  at  Nas- 
sau, called  the  attention  of  tln^  Governor  to  her  well  known  character.* 
riieGoveiiior  declined  to  interfere,  and  with  an  easy  credulity  iU!cepted 
the  statements  of  the  insuigent  agents  that  the  vessel  was  not  and 
would  not  be  arme<l,^  and  he  made  no  fuither  incpiiries.  She  was  then 
permitted  to  remain  at  Cochrane's  Anchoiage.  A  second  recpiest  to  in- 
quire into  her  character  was  nnule  on  the  4th  of  .Mine,  and  refused.' 

On  the  7th  of  Juneb6th  the  Oreto  an<l  the  Bahama  were  arrested 
[342]    and  brought  up  from  *Coehrane's  Anchorage  into  the  harl)or  of 

Is^assau.  On  the.Sth  the.  mail  .steamer  I\lelita  arrived  from  Eng- 
land, with  Captain  Baphael  Senimes  and  hisollicers  from  the  Sumter  aa 
passenger.s.  They  "  became  lions  at  once.'"  The  Oieto  was  inunedi- 
utely  released.  The  Consul  reported  this  fact  to  his  Government,  and 
said  that  "  the  character  of  the  vessel  had  become  the  theme  of  general 
conver.sation  and  rcuuirk  among  all  classes  of  the  citizens  of  Nas.sau 
for  weeks,''^  On  the  same  dayCa[)tain  lliekley,  whose  professional  eye 
had  detected  the  purpose  of  the  vesse'  from  the  beginning,  signed  with 
his  ollicers  the  (a'rtilicate  quoted  above. 

The  Consul,  linding  that  reenwed  representations  to  the  Governor* 
were  met  by  an  answer  tluit  the  agents  of  the  Oreto  assured  him  of 
their  intention  to  clear  in  ballast  for  Havana,  and  that  he  had  given 
his  assent  to  it,' applied  to  Captain  lliekley,  of  the  Greyhound,  .and 
laid  before  him  the  evidence  which  had  already  been  laid  before  the 
civil  authorities,  lie  answered  by  sending  a  Ule  of  laarines  on  board 
the  Oreto  and  taking  her  into  custody." 

'  Consul  WhiH-.i-;  to  Govonior  BjivIcv,  Wav  0,  18tJ'J,  Vol.  VI,  pajjo  235. 

^  Nesl)itf.  to  Wliit  in:,',  Miiy  13,  IflO,',  Vol.  VI,  p:igo  2;W. 

sVol.  Yl,  pa-res  yiid,  2:«). 

«  Whitiii}!  to  8i:war<l,  .Juno  la,  18C2,  Vol.  VI,  pago  241. 

"  Whit  iug  to  Seward,  Juno  l;J,  li-G2,  Vol.  VI,  page  242. 

•Whitiuy  to  Uavlcy,  June  12,  18(52,  Vol.  VI,  page  24'J. 

'  Nfsbitt  to  Whiting,  Jnuo  i:{,  18(i2,  Vol.  VI,  page  244. 

*  Whiting  to  Sewaiil,  Juno  18, 1802,  Vol.  VI,  page  250. 


4 


II. 


vii 


138 


INSUKORNT   CUUISEK8. 


I^c 


51  '#1 


■IBI 


Tlic  civil  jiiUlioritios  jit  Nassnn  \voro  nil  iictivoly  *frioiully  to  [3-43] 
tlic  iiisui'vciits.  "\Vi(li  tlic  Consul  ol"  (lie,  ITiiitcd  Stifles  tlicy  luid 
only  I  lie  loiiiiiil  i('l:iti<H!.s  iiiiuU'  iicccssiuy  by  lii-s  olliciiil  positioji.  Vv'ith 
tlic  iiisnrp,('iits  it  Wiis  (jnitc  (lili'dent.  We  have  iiliviidy  seen  liow  Ilcy- 
li^ucr  tlioiij^lit  tlicy  ic^indi'd  liiiii.  IMalliit,  ►Sciiniios,  and  many  otiuT  in- 
BMi'^^cnt  (il'iift'is  wcii!  tlicic,  and  wcro  oltcn  tlirown  in  (;onta(^t  with  tlio 
GoviTniiK'nl  oliicials.  Addcilcy,  tlio  coiri'spondcnt  of  F laser,  Tren- 
liolni  «&  Co.,  an<l  Hie  niereanlile  agent  of  the  insnr;,'ent.s,  was  oiio  of  tlio 
leadiii;;'  nieichaiits  of  tlie  colony.  Harris,  his  partner,  wiis  a.  nieniher  of 
the  Conncil,  and  was  in  intimate  soeial  relations  "willi  all  the  anthori- 
tio9.  The  |)riiici])al  law  olllcer  of  the  colony,  who  would  have  charpjo 
of  any  prosecution  llir.t  nii.i^iit  be  instituted  ajrainst  the  Oivto  and  tlio 
cross-examination  of  the  witnesses  summoned  in  her  favor,  was  the  conn- 
pel  of  Adderley.  All  these  cireumstanees,  combined  with  the  open  jiarti- 
ality  of  the.  colonial  authorities  for  the  cause  of  the  South,  threw  the 
insurgent  agents  and  ofiicers  at  that  critical  monuMit  into  intimate  re- 
lations with  those  local  aulhoiities.' 

If  it  had  been  ])redeteriiiined  that  the  Oroto  fihould  lie  released  by 
going  through  the  form  of  u  trial  under  the  Foreign  l"]nlistment  Act,** 
the  steps  could  not  have  been  better  directed  lor  that  pur- 
•pose.  The  trial  commenced  on  the  4th  of  .Inly,  IStJi'.^  Tiie  [344j 
prosecution  was  conducted  by  a  gentleman  who  was  at  once  Crown 
Counsel,  Advocate  General,  ami  conlidential  counsel  of  Adderley  &Co. 
and  who,  in  ji  vspeech  made  in  a  trial  in  another  court,  which  took 
place  after  the  Oreto  was  libeled  and  before  the  decree  was  rendered, 
sai«l  that  the  Union  of  the  United  Stak'S  was  "a  myth,  a  Yankee 
fiction  of  the  [last,  now  fully  exploded."*  The  tem;ocr  with  which  lie 
would  manage  the  iirosicutiou  of  the  Oreto  may  be  imagined  irom  this 
speech.  He  liurried  on  ilie  trial  before  evidence  could  be  obtained  from 
Liverpool.  He  conducted  his  crossexaminations  so  as  to  suppress 
evidence  unfavorable  to  the  Oreto,  when  it  could  be  done.  He  neglected 
to  summon  witnesses  who  must  have  been  within  his  control,  who  could 
have  shown  conclusively  that  the  Oreto  was  built  for  the  insurgents, 
and  was  to  be  converted  into  a  man-of-war.^  JMatlitt  knew  it,  but  was 
not  called."  Heyliger  knew  it,  but  was  not  called.  Addeiley 
•knew  it,  but  he  was  not  called.  Evans  and  (!!hapinan  were  both  [315] 
there — ollicers  in  the  insurgvnts'  navy,  under  the  direction  of 
Mallitt,  drawing  ])ay  from  him  ;•.:",  an  ollicer  in  that  navy,  and  giving  re- 
ceipts as  such."  They  knew  all  about  it,  but  were  not  called.  Harris,* 
a  member  of  the  lirm  of  Addeiley  &  Co.,  was  called,  but  his  cross-exam- 
ination was  so  conducted  as  to  bring  out  nothing  damaging  to  the 
vessel."    He  said,  for  instance,  that  the  Oreto  was  consigned  to  him  by 

'  Kirkpatrif'k  to  Scwjird,  Vol.  VI,  i)!i,';;o  '.VJ.7. 

*Tlii.i  HciMuiiigly  liarsli  bttitouicut  is  I'ully  bonio  out  by  tbo  report  of  Iho  trial.    Seo 
Vol.V,  imj^ciMii). 
*(}()V(.'niur  l)iivl(\v  to  Captain  ITicklov,  .Tunc,  18C2. 

*  Wliitin^'  to  .Seward,  Alienist  1,  lSij2,  Vol.  VJ,  paj,'0  2G1. 

*  If  tlio  Tiibuiial  will  read  llio  Biiniiiiary  of  tliis  ca«o  in  the  opinion  of  the  court, 
wbicli  may  be  found  at  page  LO'J  of  Vol.  V,  it  will  bo  found  that  this  statement  is  not 
too  (stron^r. 

"TLo  Oreto  had  in  fact  been  ordered  by  Bullock,  as  agent  of  the  Confederate  Govern- 
ment, from  one  shiii-buildiug  firm,  as  the  Alabama,  had  been  ordered  by  liim  fiom  an- 
other; and  Captain  Mallitt,  tlio  ollieer  aiiiioiuted  to  command  her,  was  all  this  while 
ftt  Nassau,  waiting  the  result  of  tho  trial. — lieniard'8  Neutrality  of  Great  liriiahi,  page 
Sol. 

^  See  Evans  and  Chapman's  vouchers,  Nassau,  July  28,  Vol.  VI,  page  330. 

*Soo  Coiisid  Kirkiiutrick'd  <lispatcU  to  Mr.  Soward,  July  7,  l8o5,  iia  to  tho  standing 
of  these  men.  Vol.  VI,  page  327.  ... 

•Vol.  V,  page  517.  :        '     ■'     '  .   u.  .:    „       -  . 


[347J 


THE   FLORIDA.  AND   lIEIt   TENDERS. 


139 


Frnser,  TrcDliolni  <S:  Co.,  1111(1  wiia  to  dear  for  St.  .ToIhi'h,  New  Uruns- 
wick.  It  iiii,!j;Iit  liMVC  heeii  supposed  that  counsel  desirous  of  ascertain- 
V)ii  tlie  trutli  would  liavo  Ibilowed  up  these  clews,  aiid  would  I'avo 
shown  IVoai  this  witness  the  origin  and  the  real  puriioses  ol"  th<j  ves.s(;l ; 
but  that  was  not  done. 

TluMlirectexanii nation  ofCi'.ptain  Ilickley,  ortheCfre.vhouiid,<1is(']osed 
that  ollitter's  opinion  of  the  eliaiaeter  and  <lestination  ol'  the  Oreto. 
His  cross-examination  was  c«)nducted  by  a  pentieinan  who  was  I'epro- 
sented  to  be  the  iSolieitoi'  (leneral  Of  the  Colony,  but  wlio,  in  this  case, 
appeared  against  the  Crown.  The  testimony  of  siiilors  v>as  also 
[01(5]  receiveil  to  show  that  the  vessel  cariied  Con*fedeiate  lla;'s,  an<l 
thatiSemmes  iind  the  other  insurgent  ollicers  were  in  the  habit  oi' 
visiting  her. 

The  Judge,  in  deciding  the  case,  disregarded  the  ])ositive  proof  of  tho 
chanicter,  intent,  and  ownership  of  the  V(>ssel.  He  said  that  he  tlid  not 
believe  the  evidence  as  to  the  insurgent  Hags,  coming  IVom  common 
sailors,  and  he  added,  "  Had  there  been  aConfedeiate  Hag  on  board  tho 
Oreto,  I  should  not  consider  it  as  very  powerfid  evidence."  The  over- 
whelming testimony  of  Captain  Ilickley  and  his  ollicers  was  summarilj'" 
disposed  of.  To  this  ho  said,  "  I  hav(^  no  right  wlmtever  to  take  it  into 
consideration;  tho  case  depends  upon  what  has  been  done  since  tho 
vessel  came  within  this  jurisdiction."  Vv'hile  thus  ruling  out  either  as 
false  or  as  irrelevant  evidence  against  the  vessel  which  events  i)roved 
to  be  true  and  relevant,  he  gave  the  willing  ear  of  credencte  to  the  mis- 
statements of  the  persons  onnected  with  the  Oreto.  He  could  see  no 
evidence  of  illegal  intent  in  the  acts  of  those  who  had  cliarge  of  tho 
Oreto.  It  is  no  wonder  that  the  trial  ended  on  the  2d  of  August  with 
ajudgment  that,  "  Under  a'i  these  circumstances  I  do  not  feel  that  1 
should  be  justilied  in  condemning  the  Oreto.  She  will  therefore  bo 
restored." ' 

The  United  States  call  tho  attention  of  the  Arbitrators  to  the 
[347J  important  iact  that  the  i)rinci*pid  ground  on  which  this  vessel 
was  released,  namely,  the  irrelevaricy  of  the  evidence  of  Captain 
Ilickley  and  his  associates,  was  believed  by  Her  Majesty's  Government 
not  to  be  in  accordance  with  British  law.  Wiien  the  news  of  the  seizure 
of  the  Oreto  arrived  at  London,  Earl  liussell  directed  inquiiies  to  bo 
made,  "  in  order  that  a  competent  ollicer  should  be  s<.'nt  to  Nassau  in 
order  to  give-  evidence  as  to  what  occurred  at  Liverpool  in  tho  case  of 
that  vessel."*  Her  Majesty's  Government  evidently  considered  that  it 
would  be  j-elevant  and  proper  t(  show  the  condition  of  the  vessel  when 
she  left  Liverpool;  and  should  it  appear, -as  it  did  appear  in  Captain 
Hickley's  testimony,  that  at  the  time  of  her  leaving  she  was  litteil  out 
as  51  manof-war,  with  intent  to  cruise  against  the  United  States,  then  it 
would  be  entirely  within  the  scope  of  the  powers  of  the  court  in  Nassau 
to  condemn  her  for  a  violation  of  the  I'^oreign  Enlistment  Act  of  1819. 
Had  the  trial  not  been  hurried  on,  such  probably  would  have  been  tho 
instructions  from  London. 
Both  before  and  after  tho  release  of  the  Oreto,  Maflitt  was  shipping  a 
crew  at  Nassau.  One  \vitnesa  deposes-'  to  shipping  iorty  men. 
[348]  On  the  8tii  of  August  she  cleared  lor  St.  John's,  New  *  Bruns- 
wick. This  was  on  its  face  a  pali)ablo  fraud.  On  the  Dth  the 
schooner  Prince  Allied  went  to  tiie  wharf  of  Adderley  &  Co.,  the  Nas- 
sau correspondents  of  Eraser,  Trenliolm  &  Co.,  and  there  took  on  board 
eight  cannon  and  a  cargo  of  shot,  shells,  and  provisions,  and  then  went 


^'  .Hi 

ii 

■  / 

'■  I 


ho  standing 


'  Vol.  V,  i)ag«  521 ;  Vol.  VI,  juijje  28.^.. 
"Solo.nou'B  deposiliou,  Vol.  Vl,  page  310. 


«Vol.  II,  pages  (ilO,  Gil. 


'i2 


fill 


140 


INSUKGKXT  CRUISERS. 


i' 


^»!f 


VIM 


1^  '  >i 


over  tlic  l))ir  jind  laid  Iior  conrso  i'or  Gicon  Cny,  one  of  tlie  British  IJiv 
liiiiiKi  iHliinds,  iibout  sixty  iiiilcs  distant  lioin  Nassau.  The  Ort^to,  Iniv- 
in^'  been  tliorou^ddy  supplied  with  coal  while  at  tlici  island  of  New 
I'lovitlcncc,  lay  oiitsiilc  with  a  hawser  atta<died  to  one  oC  llei-  Majesty's 
ships  of  war.  When  Ihc  Prince  Allre<l  ai)p»'ared  she  east  oil"  the  haw- 
ser  and  iollowed  and  overtook  the  Prince  All're<l,  and  jravo  her  a.  tow. 
It  was  a  l)ri^lit  moonlijiht  nij^lit,  with  a  smooth  sea,  and  the  voyajte  was 
soon  made.  The  arms  and  ainmnnition,  and  so  maeh  of  the  snppliesas 
she  had  room  lor,  were  then  tiaiislerred  to  tlieOreto;  tln^rest  were  taken 
back  to  Nassau,  where  th'i  Prince  Ali'rcd  we,nt  nnmolcsted  for  her  vio- 
lation of  the  law.  The  two  vessels  parted  eonii)any,  and  the  Oreto,  now 
called  the  Florida,  made  for  the  coast  of  Cuba. 

Thci  United  States  ask  the  Tribunal  of  Arbitration  to  find  that  in 
these  proceeding's  which  took  place  at  Nassau  and  in  the  Ifahamas, 
(Ireat  IJritaiii  was  once  more  {guilty  of  a  violation  of  its  duty,  as  si  neu- 
tral, toward  the  United  States,  in  re^rard  to  this  vessel. 

*The  Oreto  had  been,  within  the  Jurisdiction  of  (Ireat  IJiitaiii  [.'>fOJ 
at  Liwrpool,  specially  adaptc<l  to  warlike  use,  with  intent  that 
she  should  cruise  or  carry  on  war  ajiaiust  the  Unile<l  States.  She  had 
come  ajiiiiu  at  Nassau  within  the  Jurisdiction  of  Her  Majesty,  and  no 
steps  were  taken  to  prevent  her  departure  from  that  Jurisdiction.  This 
alone  was  a  violation  of  the  duties  prescribed  by  the  second  clause  of 
the  lirst  ride  of  the  Treaty;  but  it  was  not  the  only  i'ailure  of  Her 
Majesty's  ollicials  to  iterform  their  duties  at  that  time  as  the  represent- 
atives of  ii  neutral  (lovernment. 

The  Oreto  was  aimed  within  British  Jurisdiction  ;  namely,  at  Green 
Cay.  The  arrangements  for  armiuj'',  however,  were  made  in  the  harbor 
ot  Nassau;  and  the  two  vessels  left  that  port  almost  siinultaiieoUvsly,  and 
proccede«l  to  tlrccii  Cay  to};elher.  The  juirpose  for  which  they  went 
was  notorious  in  Nassau.  This  was  so  palpable  an  evasion  that  the  act 
fihonid  be  assumed  as  having'  taken  i)Iace  in  the  harbor  of  Nassau.  In 
either  event,  however,  the  act  was  committed  within  JJritish  Jurisdic- 
tion, and  was  therefoie  ix  violation  of  the  lirst  clause  ot  the  first  rule  of 
the  Ti'eaty. 

In  like  manner,  the  same  acts,  and  the  enlistment  of  men  at  New 
Proviilence,  were  violations  of  the  secon<l  rule  of  the  Treaty.  There 
was  no  dili}>cnce  used  to  prevent  any  of  these  illej^al  acts. 

*Froin  Orcen  Cay  the  Florida  went  to  Cardenas,  in  the  islainl  of  [350] 
Cuba,  and  attempted  to  ship  a  crew  there.  "The  matter  was 
brought  to  the  notice  of  tlie  Government,  who  sent  an  ollicial  to  Liea- 
tenai.it  Stribling,  commanding  during  Lieutenant  Couunanding  J.  N. 
Maliitt's  illness,  with  a.  copy  of  the  [Spanish  I  IJueen's  Proclamation,  and 
iiotitication  to  him  that  the  Florida  had  become  li.ible  to  seizure.'" 
This  etlicient  conduct  of  the  Spanish  authorities  made  the  otlicers  of  the 
Florida  feel  at  once  that  they  were  no  longer  in  British  waters.  She 
left  Cuba,  and  on  the  4th  of  September  she  ran  through  the  blockading 
squadron  of  Mobile,  pretending  to  be  a  British  luan-of-vvar,  and  flying 
British  colors. 

During  the  night  of  the  IGth  of  January,  18G3,  the  Florida  left  Mobile. 
On  the  morning  of  the  2(itli  of  the  same  month  she  re-entered  the  harbor 
of  Nassau.  Between  Mobile  and  Nassau  she  had  destroyed  three  small 
vessels,  the  Corris  .\nn,  the  Estelle,  and  the  Windward.  At  Nassau 
she  was  received  with  more  than  lienor.  She  '*  entered  the  port  without 
any  restrictions,"'^  and  "  the  olliijers  landed  in  the  garrison  boat,  escorted 

•  Copy  of  vouclier  of  Manuel  Coraiiy,  Vol.  VI,  pa^o  3ol. 

•  Wliitiug  to  Sowaid,  Jauuury  *<i<»,  1863,  Vol.  VI,  page  333, 


THE   FLORIDA   AND   IIER   TENDERS. 


141 


[:vi9j 


jit  New 
Tluue 


IS 

to  Lien- 
Urf  ,].  N. 
ion, and 
ftfi/jue."^ 
IS  of  tlio 
rs.  She 
(ckading 
cl  tlying 

1  Mobile. 
le  harbor 
I'ee  small 
Nassau 

\  witbout 
[escorted 


by  tlie  iK)st  adintant,  Lieutenant  Williams,  of  tlie  Seeond  Wost  India 
lit'i^iini'iir.'''  Tlicdovernor  niudi'  a  fciiitof  linding  fault  with  llio 
[351]  luode  in  wliicli  slio  had  tMiteiod,  luit  *t'ndi'd  by  giving  her  all  (ho 
hospitality  which  her  eouimauder  dt'siicd.  yiic  wiis  nt  Nassun 
for  thiitysix  hours,*  and  whilo  tlii-ro  she  took  in  coal  and  provisiona 
to  last  lor  thrco  months.^  This  coal  was  taken  on  boartl  by  "  pcrniis- 
sion  of  the  authorities.'" 

The  att<'ntion  of  the  Tribunal  of  Arbitration  is  also  invited  to  the 
excess  of  these  and  all  .similar  hospitalities,  as  violations  of  the  instruc- 
tions issued'on  the  .'Ust  of  rJanuary,  IH(>2.^ 

''These  orders  re(piire<l  ev«'ry  ship  of  war  or  privateer  of  either  bellig- 
erent, which  shouhl  enter  Ibitish  waters,  to  <lepait  within  twenty-four 
hours  atterward,  e.\<;ept  in  ca.se  of  stress  of  weather,  or  other  refjuiring 
provisions  ov  things  ne<H'ssary  for  the  snb.sistence  of  her  crew,  or  repair.s. 
in  either  of  tlie.se  cases  she  was  to  put  to  sea  as  soon  alter  the  expi- 
ration of  the  twenty-lour  hour.*»  as  possilde,  taking  in  no  supplies  beyouci 
what  might  be  necessary  lor  immediate  use,  au<l  uo  more  coal 
[.'J5L*]  than  would  carry  her  to  the  nejMcst  port  of  *lier  own  coinitry,  or 
.some  nearer  destination,  nor  alter  coaling  once  in  Dritish  waters 
was  she  to  be  suUered  to  coal  again  within  three  months,  unless  by 
si»ecial  permission."" 

The.se  rules  w«'re  rigidly  enforcicd  against  the  United  States.  They 
were  not  only  relaxed,  but  they  were  ottentimes  utterly  disregarded  in 
tLe  treatment  of  the  insurgent  vessels. 

The  Florida  when  at  Nassau,  in  the  months  of  JMay,  June,  an<l  July, 
ISOli,  and  again  in  the  month  of  .lanuary,  1803,  was  distant  from  Wil- 
mington, Cliarleston,  or  »Savannah,  only  two,  or  at  mo.st  thiee,  days' 
steaming.  She  ordinarily  sailed  under  canvas.  Even  when  using  .steam 
in  the  i)ursuit  and  eai)ture  of  vessels  her  consumption  of  coal,  as  shown 
by  her  logbook,  did  uot  average  four  tons  a  day.  Thirty  ton.s,  (more 
than  the  amount  taken  by  the  United  States  Steamer  Oacotah  Septem- 
ber, 180-',)  was  all  that  she  should  have  been  allowed  to  take  on  luiard 
under  the  instructions,  even  had  she  been  an  honest  ves.sel,  and  one 
that  Great  Uritain  was  not  bound  to  arrest  and  detain.  Yet  in  July, 
1802,  she  received  all  the  vam]  she  wanted,  and  in  January,  1803,  she 
took  on  board  a  three  months'  supply. 

The  Trd)unal  also  will   note  tliat  in  January,  1803,  the  entry 

[353]    into  the  harbor,  though  nnule*without  permission,  was  condoned; 

that  the  visit  lasted  thirty-six  hours  instead  of  twenty-four;  and 

that  the  "sup|)lies"  exceeded  largely  what  was  immediately  necessary 

for  the  subsistence  oi'  the  crew.  • 

The  excessive  hospitality  was  in  striking  contrast  with  the  receptions 
given  to  vessels  of  the  United  States  at  that  port.  It  has  ulrea<ly  been 
shown  that  in  December,  1801,  the  United  States  had  been  fori)i(lden 
to  land  coals  at  Nassan  or  Bermuda,  except  on  condition  that  it  should 
not  be  used  for  their  vessels  of  war.     It  has  also  been  shown  that  in 

'  Whitiiis  to  St'wanl.  2r>th  Jannsirv,  18li:?,  Vol.  Ill,  pago  ;i:).l. 

»  Whitiiii;;  to  Sowaiil,  .January  27,  lriG:{,  Vol.  VI,  payo  :«:$. 

'.Joiiiiial  «iiu)tf(l  ante,  pa{j;o — .  Suo  also  Vol.  II,  pufro  017.  Seo  also  Vol.  VI,  page 
335,  tlio  «lopo8ition  of.lojiii  Deiaerith,  who  says,  •'  \Vc  (illed  her  biinkurs  with  coal,  and 
t)luced  Hoiiitt  ou  di;cl<,  and  in  evitry  placu  that  could  hold  it.  I  8ii])X)OHe  that  Khu  had  on 
board  over  ouo  hnndrcMl  and  eighty  touH  that  \vu  put  tliore.  Slw  did  not  Iiuvu  leau  than 
that  quantity.  Tho  coal  waa  talicn  i'coiu  the  wharves  and  from  vessels  in  the  harbor. 
The  money  lor  coaliuji  her  waa  paid  irom  Mr.  lloury  Addcrley'a  store." 

nVhiting  to  Weils,  Vol.  II,  page  (jl(j. 
Vol.  IV,  pa^'e  175. 

« Bernard's  Neutrality  of  Great  Britain,  p.igos  265  and  266. 


'ill 


•I 


h 


4\i 


M 


142 


INSURGENT   CUUISKIJS. 


m 


'Vi? 


Sopti'tnbcT,  1802,  llici  TTnifcd  States  wiir-stciUMcr  Dacotiih  \v:ir  Corbiildoii 
to  tiiko  iiioi'O  lliaii  tuciity  tons  of  coal,  anil  that  only  upon  cotiditioii 
that  lor  ti'M  «lays  .slKMvonld  not  ic-appcar  in  Uritish  walcrs.  On  tho 
2(ilh  of  tlir  jncvions  Novcinlx'P  Ihf  coinniandcr  ol"  ilic,  Waclmscrt,  ",as 
inlurnicd  (hat.  h(^  coald  not  !»(>  alhiucd  even  to  anclioi',  or  to  conic  within 
three  ndies  of  the  shore,  withont  pcrnnssioa  of  the  (iovernoi-.  In  fact, 
the  indi^uailics  to  uhicli  t!i(^  vessels  ol  the  United  IStaJcs  wece  siihjecleil 
were  so  ;;i-eat  tiiat.  the  Kear  Adndral  in  coinniand  ol  the  licet,  on  t!ie 
2d  of  ilannary,  ISCS,  wrote  to  the  iSecretary  of  the  Navy.  "■  I  have  not 
(•nteredany  lirilish  port  e\cei)t  lJernin<la,  nor  do  I  intend  to  enter,  or 
periwil  any  of  the  vessels  of  the  sipiadron  to  ask  permission  to 
•enter,  or  siUyjcct  myself  and  those  under  my  command  to  tho  ['>'^^) 
discoiurcsics  those  who  had  entered  heretofore  had  received."' 

The  United  Slates  insist  that  these  excessive  Iiospitalities  to  the 
Florida  and  tliesci  dis(!()urtesies  to  the  vessels  of  war  of  tin;  United 
States  const iinted  a  farther  violation  of  the  <lnties  of  (ricat  Britain  as 
a  neutral,  lly  lurwishiiiff  u  lull  supply  of  coal  to  tlu^  Florida,  alter  a 
similar  hos])itality  had  heeu  refused  to  tln^  vessels  of  the  Unitecl  States, 
the  l>rili:-vh  ofiicials  permitted  Nassau  t(t  he  made  iv  base  of  hostile  opi'r- 
ations  a;'aiast  the  United  States;  and  for  this,  as  well  a.s  for  (»ther  vio- 
lations t)f  duty  as  to  that  vessel,  which  have  been  already  notic(>d,  (Jreat 
liritain  became  liable  to  tiie  United  States  for  the  injuries  resultinj^  from 
ber  acts. 

The  Florida  left  tho  port  of  Nassau  on  the  aftei-noon  of  tho  27th  of 
January,  l.S(J.'{.  I5y  the  middle  of  the  fo'llowin;;  month  her  coal  was  get- 
tin^'  low.  Un  the  2(Jth  day  of  February  Adndral  WilUes,  i:.  commatnl 
of  the  United  States  Sipiatlrou  i  the  West  Indies,  wrote  to  his  trov- 
ernment  thus:  "  The  fact  of  the  Florida  havinj;  but  a  few  day.,  coal 
makes  me  anxious  to  have  our  vessels  otf  the  Martiniciue,  wlii<!li  is  the 
only  island  at  which  they  can  hope  to  fjet  any  (,'oal  supplies,  the 
Enjilish  islands  beinj;  *cut  olf  under  tin*  lules  of  her  3Iajesty's  [^ioo] 
Government  for  some  sixty  days  yet,  which  precludes  the  possi- 
bility, unless  by  chicanery  or  fraud,  of  the  hope  of  any  coal  or  com- 
fort there.''^  Adndral  Wilkes's  hopes  were  destined  to  disappointment. 
On  the  2'ltli  of  February,  two  days  before  the  date  of  his  dispatch,  tho 
Floriiia  had  been  iti  the  harbor  of  Ilarbadoes,  and  had  taken  on  board 
about  one  hundred  touiv'  of  coal  in  violation  of  the  instructions  of  Jan- 
uary 31,  18G2. 

Itear- Adndral  Wilkes,  hearing?  of  this  now  broach  of  neutrality,  visited 
Barbadoes  ten  days  later  to  in(juire  ini;)  the  circumstance.  He  ad- 
dressed a  letter  to  the  Ciovernor,  in  whi(!ii  he  said,  ''  I  have  to  request 
your  Excellency  will  afford  me  the  opiHsitiuuty  of  laying  before  my 
Government  the  circumstances  under  which  the  Florida  was  permitted 
to  take  in  a  su[)ply  of  coal  and  jirovisions  to  contituie  her  cruisr^  and 
oi>erations,  alter  having  so  recently  coaled  inid  provisioned  at  Nassau, 
one  of  Her  Jlajesty's  colonies  in  the  West  Indies,  ample  time  having 
been  atlbrded,  some  thirty  days,  tor  the  inlbrmation  to  have  reached 
this  island  and  Government;  and  if  any  cause  existed  why  an.investi- 
gatiou  was  not  instituted  after  the  letter  to  your  Excellency  was 
received  iVom  *t!ie  United  States  Consul."  ■*  The  Govei'nor  evaded  f.'33G| 
the  question.  lie  "doubted  very  much  whether  it  would  be  de- 
sirable to  enter  into  correspondence  upon  the  points  adverted  to,"  and 


question,    lie  'Miouotea  very  mucn  wnetner  it  wouui 
ble  to  enter  into  correspondence  upon  the  points  adve 

'  Rcar-A(\iniiiil  Willi's  to  tlio  Secrofarv  of  tho  Navy,  Jiimiiiry  2, 
» Admiiiil  Willcos  to  Mr.  Wc11(!H,  Vol.  VI,  i)aRO  W.irt. 
^TrowhrulKt'  to  Sowiml,  Vol.  II,  pago  Oil) ;  Vol.  VI,  page  339. 
*  Wilkes  to  Walker,  Vol.  II,  pago  C'^H ;  Vol.  VI,  pago  343. 


1873. 


Tl 


oi)ei 

wor 

a  sh 

mere 

the  L 

the 

Cros.^ 

An  ii 

1S(>.J, 

iars 

On 
main, 
hull 


TllK    FLORIDA    AND    IlKIi   T:;M)1;I{.S. 


143 


rbiddon 
iiiditioii 
Oil  the 

'  wirliin 
In  r:i<'t, 

iitn'cU'ti 

,  on  llio 
iiv(!  not 
MitiM',  or 
to 

A    to    tllO 

0  llniti'd 
Irituiu  i»s 
I,  a  Iter  11 

(I   HtiltOS, 

;tiU'  opi'V- 
)tli('V  vio- 
('(l,(5irat 
linj?  I'lom 

10  27th  of 

1  was  got- 
I'ominanil 
)  his  Gov- 
(lay.,  t'oiil 
lioii  is  the 
tho 
ty's 
•ssi- 
1  or  com- 
)()inttnont. 

)atch,  tho 

on  board 

ns  of  Jan- 

ity,  visited 
Ho  ad- 
to  rofiuost 
botbro  my 

ponnitted 
cruisr  and 
at  Nassau, 
mo  havinj,' 

e  roachod 

an  .invosti- 

was 

aded    [3501 
^  do- 
ed  to,"  and 


[35.1] 


Bald  that  "in  sanofioning  tho  coahii.^c  of  tho  l-'Iorida,  ho  did  no  nioro 
than  what  lio  had  sanotionod  in  tlioeasoof  tho  IJiiitoit  States  stoainor 
of  war  iSati  .lacinlo.""  'I'lioro  was  no  iiaiallcl  or  ovon  rosomhlanoo  l>(\- 
twoiMi  tilt'  trcatiMciit  of  tlio  S.m  .laciiilo  and  that  of  tlio  I'loiMa.  On 
tlio  l.UIi  of  Novonihcr,  ISIJ.'I,  the  San  .lacinti)  rcMcivod  scvt  nty  livo  tonn 
of  coal  and  st)Uio  wood  at  liarUadocs.  Witii  lliat  oxi'option  slio  rocoivod 
tio  coal  or  otiior  tncl  Iroiii  a  liiiti.sh  port  dtirin,';'  tliat  crniso.^ 

Under  Ihcso  circninstancos  tlio  IJiiifcd  States  iiinst  asU  iIk^  Tiihnnal 
to  declare  that  tho  biirdon  is  upon  (iireat  liiitain  to  establish  that  thin 
»'.\|M'ess  violation  of  Ih'i"  Majesty's  I'roflaiiiatioii  was  iiinoeeiitly  <loiio. 
Whether  done  innoci'n'>ly  or  (lcsi;;iictlly,  they  insist,  lor  the  loasoiiH 
already  set  forth,  that  the  iwX  was  ii  now  violation  of  tho  duties  of  a 
ni^utral,  and  furnished  to  tho  United  States  fresh  causo  of  complaint 
a.';ainst  (Ireat  Ibitain. 

JJoibro  coinplelin,:^'  tho  history  of  tliis  vessel,  tlio  United  States  desire 
to  show  to  tho  Tribunal  how  tho  vt'ssels  of  tho  United  States 
[.'557]  were  rec<'ived  at  *r>arba(loes,  flio  port  at  which  the  I'lorida  ro 
ci'ived  tho  last-mentioned  supply  of  {'oal.  They  hav(^  already 
referred  to  the.  Iri'atiiient  of  their  vessels  at  Nassau  and  JU'riimda. 
(Japtain  Charles  I)o;;j;sarrive<l  at  liarbadoes  in  April,  liSlia,  in  tho  United 
States  wur-stoanier  Connecticut,  and  uiad<^  application  foi- permission  to 
I'omain  there  "a  few  days  lor  the  pnrpos(M)f  overhatiliii;;  the  piston  and 
feedpiiiiip  of  tho  eiij;iiie."^  The  (Jovernor  replied,  "  It  will  bo  necessary 
for  yon,  before  I  can  juivo  my  sanction  to  your  staying;'  hero  loMj;er  than 
twontyfour  lionrs,  to  «ivo  u  deiinito  assurances  of  your  inability  to  pro- 
ceed to  sea  at  tho  expiration  ol  that  time,  and  as  to  the  period  within 
which  it  x\<)uld  be  possible  for  you  to  exeonto  tlio  necessary  repairs."* 
Captain  Ijo;;<;s  replied,  "Your  letter  virtually  refuses  tho  permission 
requested,  inasmuch  as  it  recpiin  s  mo  to  };i\o  a  deiinito  assurance  of 
my  inability  to  jtrocoed  to  sea  at  the  termination  of  twenty  ibur  hoiu's. 
This  1  cannot  do,  as  an  Ainerican  man-oi'-war  <!an  always  {^o  to  sea  iu 
some  manner.  I  shall  do  this,  altlioujj;h  witli  risk  to  my  vessel  and 
machineiy.  Iloj^rettinj;  that  the  national  hospitality  of  remaining;'  at 
anchor  for  tho  })inp()ses  named  in  my  letter  of  this  niorninj;'  is 
[ouSJ  refnsoil,  1  have  tho  lioiior  to  Inform  you  that  *i  shall  depart  from 
this  port  to-morrow  at  10  a.  m.'''' 

Barbadoes  as  well  as  Nassau  liavisi;;'  been  thus  made  a  base  of  hostile 
operations  ajjainst  the  United  States,  tho  i'lorida  ayain  sailed  out  on  her 
work  of  destrnclion  on  thoeveniniiof  the  L'Olli  of  February,  l.SO.'J,  and  in 
a  short  tinm  captured  or  destroyed  tho  tbllowiiiic  vessels  of  tho  com- 
mercial marine  of  tho  United  States,  viz:  the  AhUbaran,  the  Clarence^ 
tho  Commonwealth,  tho  Crown  Point,  tho  fJeneral  lleriy,  tho  Ilenriett  ♦, 
tho  M.  .1.  Colcord,  the  Lapwini>,  tho  (Jneida,  tlio  Kieiizi,  tho  Sonthevu 
Cross,  tho  Star  of  l'ea(;e,  tho  William  1>.  Nash,  and  the  Ked  (J.uintiet. 
An  intercepted  letter  from  her  commiimhu-  to  liiilhxtk,  duti'd  April  -T), 
ISIkJ,  says,  "Tho  Florida  has  thus  far  done  her  duty.  Six  milli*>n  dol- 
lars will  not  make  ;>ood  tho  devastation  this  steamer  has  committed."* 

On  tho  Kith  of  July,  18li3,  the  Flori(lii  iirrivod  at  liermnda.  She  re- 
mained nine  days  in, that  port,  and  was  thoroughly  rejiaired  l>oth  in  her 
hull  and  machinery.    Sho  also  took  on  board  Ji  full  sai)ply  o<'  ih\i  beat 


1  W:)lk<>r  to  Wilk*>8,  V..1.  It,  pa^'o  C>2d  ;  Vol.  VI,  nago;!44. 
'liolx'son  to  Fisl),  Vol.  VI,  ));iii(*  :M5. 
'Civpt.iiii  ii()}i,;;«  to  Govcnior  Wnlko.r,  Vol.  VI,  puffo  178. 
<  Governor  AValkiT  to  Captain  liojiK"^,  Vol.  VI,  i>n,u;o  17>. 
*Ciiptaiii  HoirgH  to  Gov<'inor  Walker,  Vol.  VI,  p;igo  1<U. 
•  Vol.  II,  pajio  mo ;   Vol.  VI,  pa^o  :i4(). 


ih 


144 


INSURGENT   CRUISERS. 


'I      • 


Cardiff  coal,  wliidi  had  been  brought  to  her  from  Hab'fax  by  tbo  trans- 
port Uarrift  Pincktu'.v.'    T!iis  was  porriiitted  uotwithstandinj?  tlio 


t9! 


{jjeiieral  order  that  neither  belligerent  was  to  *be  perniittetl  to    [3J9] 
make  coal  de])ots  in  British  colonial  ])orts. 

Here,  again,  were  I'resh-reeurring  violations  of  the  dnties  of  Great 
Britain  as  a  neutral,  to  be  added  to  the  iiccuinulated  charges  that  have 
already  been  made,  as  to  this  vessel. 

With  the  improvi^ments,  repairs,  and  supplies  obtained  at  Bermnda 
the  Florida  started  Ibr  Brest.  In  crossing  the  Atlantic  she  destroyed 
the  l''raneis  B.  Cutting  on  the  Gtli  of  August,  and  tlio  Avon  on  the  L'Otli. 
On  the  3d  of  Septen)ber  ]\Iallitt  reports  from  Brest  to  Bullock,  at  Liver- 
pool, "a  list  of  men  discharged  fr.m  the  Florida,  w'ith  their  accounts 
and  discharges,"  and  he  asks  him  "to  provide  them  situations  in  the 
service."^  Sv'e  have  already  seen  that  when  Bullock  received  this  letter 
he  was  low  in  funds.^  He  was  however,  able  to  s«>nd  from  Liverpool  to 
Brest  ibr  the  Florida  some  new  nnichinery  and  armament,''  and  also  a 
crew.° 

The  Florida  left  Brest  in  January,  18G4,  and  entered  the  port  of 
Bermuda  in  the  ibllowing  May,  remaining,  however,  only  long  enough 
to  laud  a  sick  ollicer.  In  .June  she  returned  to  that  port  and 
made  api)lication  for  permission  co  repair.  The  *Governor  directed  f3G0] 
an  examination  to  be  made  by  experts,  who  re])()rted  :"  "  1.  She 
can  jiroceed  to  sea  with  such  repairs  as  can  be  made  good  here,  which, 
as  far  as  we  can  judge,  will  recpiire  live  days  for  one  man,  viz,  a  diver 
for  vwo  days  and  a  litter  for  three  days;  or  three  complete  days  in  all. 
2.  She  can  proceed  to  sea  with  safety  in  her  jyresent  state  under  steam, 
but  under  sail  is  unmanageable  with  her  screw  up  ni  bad  weather,  and 
her  defects  aloft  (cross-trees)  render  maintop-nnist  unsafe.  This  could 
be  nmde  good  in  two  days."  On  this  re]»ort,  the  Florida  received  per- 
mission to  remain  there  live  days;  she  actually  remained  nine  days. 
While  there  she  took  on  board  one  hundred  UTid  thirty-live  tons  of  coal, 
half  a  ton  of  beei",  half  a  ton  of  veget.nbles,  a  large  supply  of  bread, 
provisions,  and  medicines,  a  large  supply  of  clothing  and  other  stores, 
«))d  twenty  days  of  carpenter\s  work  were  done  upon  the  vessel.'  Morris, 
the  new  commamler,  then  drew  upon  Bullock,  in  Liverpool,  in  order  to 
pay  these  bills,  and  ]n-ovide  him;-eb"  with  means  for  a  cruise;  and  (m 
the  27th  of  .June,  18G4,  the  F^lorida,  being  thus  completely  litted  out, 
left  the  ])ortof  Beruunla,  and  cruised  olf  the  harbor,  boarding  all  vessels 
approacliing  the  island."  , 

*The  breach  of  neutrality  and  violation  of  the  instructions  [301 1 
issue<l  i'or  the  observance  of  British  ollicials  involved  in  these 
transactions  were  brought  to  ]']ail  liussell's  iiotico  by  Mr.  Adams." 
Earl  liussell  replied  that  "although  some  disposition  was  nmnifested 
by  the  commander  of  the  Florida  to  evade  the  stringency  of  lior  Majesty's 
regulations,  the  most  com memlable  diligence  and  strictness  in  enforcing 
those  regulations  was  observed  on  the  part  of  the  authorities,  and  no 

'  CohkuI'm  report  to  Mr.  Soward. 
»  Vol.  II,  page  (J3t) ;  Vol.  VI,  page  349. 
'  Ajit«>,  i)agc  — . 

*  Uiulliv  to  Si'wnrd,  .Jaouary  21,  1864.    Eraser,  Trenbolm  &  Co.  to  Bumoy,  Septem- 
ber •^'^,  I8<j:{,  Vol.  VI,  page  -.m. 
*M<)rKi)  to  Suwanl,  .Jaiiuarj'  b,  18G1,  Vol.  VI,  page?53. 
«  Vol.  VI,  p.Hge  :5r)7. 

'  Sec  the  voncliorH  i«r  their  payments,  Vol.  VI,  page  358,  el  acq, 
•WclleH  to  Scwawl,  Vol.  II,  page  G52. 
<*  Adumu  to  liufiikiU,  VuL  II,  page  651. 


[3G4] 

and  as 
lerred 


THE   FLORIDA   AND   HER   TENDERS. 


145 


trana- 

[3J91 

(ivcat 
It  luivo 

stroyod 
ic  'JOth. 
t  Livor- 
ccounts 
s  in  tlio 
is  letter 
■rpool  to 
d  also  a 

port  of 
;  enough 

Ml 

LMl    [300] 
ho 

i»,  which, 
!,  a  (liver 
lys  ill  all. 
er  steam, 
ther,  and 
'his  eould 
Mved  per- 
ne  dayvS. 
ofeA)al, 
bread, 
r  stores, 
Morris, 
order  to 
and  on 
ted  out, 
ill  vessels 

iMis    [301 1 

ese 

Adams.* 

aniiested 

Mii.jesty'8 

eulorciiig 

es.  and  no 


of 


ley,  Septem- 


substantial  deviation,  either  from  the  letter  or  from  the  spirit  of  those 
regfulations,  was  iiermitted  to  or  did  take  place.^^ 

With  tho  evidence  now  submitted  to  the  Tribunal,  which  are  the 
original  vouchers  for  the  purchases  made  at  Bevmuda  by  the  Florida,  it 
is  evident  that  Earl  Russell  must  have  been  misinlbriued  wlien  lie 
stated  that  there  had  been  no  deviation  from  the  regulations.  The  five 
days'  stay  which  was  granted  was  extended  to  nine.  Twenty  days' 
carpenter- work  were  done  instead  of  five;  supplies  for  a  cruise  were 
taken  instead  of  supplies  for  immediate  use;  clothing,  rum,  nvcdicines, 
and  general  supplies  were  taken,  as  well  as  supplies  for  the  subsistence 
of  the  crew;  one  hundred  and  thirty-five  tons  of  coal  were 
[C62]  *taken  instead  of  twenty.  In  all  this  the  United  States  find 
fresh  and  cumulative  cause  of  complaint  on  account  of  this  vessel. 

They  also  call  the  i)articular  attention  of  the  Tribunal  to  the  fact  that 
at  that  time  there  was  no  necessity  of  making  any  rei)airs  to  the  Florida. 
The  experts  employed  by  the  Governor  to  make  the  examination  reported, 
"^7<e  can  proceed  to  nea  iiith  mfcty  in  her  present  atute  nnder  steam.'"  The 
repairs,  therefore,  were  only  necessary  to  enable  her  to  use  her  sails, 
banking  her  fires,^  and  laying  to  fin-  the  pur])ose  of  watching  and  destroy- 
ing the  commerce  of  the  United  States.  Permitting  any  repairs  to  be 
made  at  that  time  was  another  violation  of  the  duties  of  Great  Britain 
as  a  neutral  toward  the  United  States. 

The  Florida  left  Bermuda  on  the  27th  of  June,  1804.  On  the  1st  of 
July  she  destroycnl  the  Harriet  Stevens;  the  Gol(;onda  on  tho  8th  ;  the 
Margaret  Y.  Davis  on  tho  t)th ;  the  Electric'  Spark  on  the  10th ;  and  tho 
Mondamin  on  the  L'Otli  of  September,  all  being  vessels  belonging  to  the 
commercial  marine  of  the  United  States.  On  the  Tth  of  October,  1804, 
her  career  as  an  insurgent  cruiser  terminated  at  Bahia. 

During  her  cruise,  three  tenders  were  fitted  out  and  manned 
[303]  from  her  oilicers  and  crew.  The  *Claience  was  captured  by  her 
off  the  coast  of  Brazil  on  the  0th  of  May,  1803.  She  was  then 
fitted  out  with  guns,  officers,  and  men,  and  during  the  first  pai^t  of  the 
month  of  June,  1803,  captured  and  destroyed  the  Kate  Stewart,  the 
Mary  Alvina,  the  Mary  Schindler,  and  the  Whistling  Wind.  On  the 
10th  of  that  month  she  captured  the  Tacony.  The  Clarence  was  then 
destroyed,  and  the  Tacoiy  was  converted  into  a  tender,  and,  i!i  the 
same  month,  destroyed  the  Ada,  the  Byzantian,  the  Elizabeth  Ann,  the 
Goodsi)eed,  the  L.  A.  3.1aconiber,  the  ^Marengo,  the  llii)ple,  the  ilufus 
Choate,  and  the  Umpire.^  On  tlie  2,">th  she  captured  the  Archer.  Tho 
crew  and  armament  were  transferred  to  that  vessel,  and  the  Tacony 
burned.  On  the  27tli  the  United  States  revenue-cutter  Caleb  Cashing 
was  destroyed  by  the  Archer. 

The  amount  of  the  injury  which  the  United  States  and  its  citizens 
suffered  from  the  acts  of  this  vessel  and  of  its  tenders  will  be  hereafter 
stated.  The  United  States  with  confidence  assert  that  they  have 
demoi^strated  that  Great  Britain,  by  reason  of  the  general  principles 
above  stated,  and  in  (jonsequence  of  the  particular  acts  or  omissions 
hereinbefore  recited,  fiiiled  to  fuKill  all  of  the  duties  set  forth  in  the 
three  rules  of  the  sixth  article  of  the  Treaty,  or  recognized  by  tho 
[304]  *principles  of  International  Law  not  inconsistent  with  such  rules, 
and  they  ask  the  Tribunal  to  certify  that  fact  as  to  the  Florida 
and  as  to  its  tenders.  Shx)uld  the  Tribunal  exercise  the  power  con- 
lerretl  upon  it  by  Article  VII  of  the  Treaty  to  award  a  sum  in  gross  to 

'  Rnssell  to  Adams,  Vol.  II,  pap[o  C53. 

''  Maftitt  to  Barucy,  Vol.  VI,  pages  351,  352. 

» Vol.  VI,  page  370. 

S.  Ex.  31 10 


:■  1 


i^    '] 


i»i 


i?ji 


I;!: 


m 


146 


INSURGENT    CKTTISERS. 


be  paid  to  the  United  States,  they  ask  that  iu  considering  the  amount 
so  to  be  iiwarded,  the  losses  of  Individuals  in  the  destiiu'tion  of  their 
vessels  and  cargoes,  by  the  Florida,  or  by  its  tenders,  and  also  the 
expenses  to  which  the  United  States  were  put  in  the  pursuit  of  either 
of  those  vessels,  may  be  taken  into  account. 


THE  ALABAMA,  AND  HER  TENDER,  THE  TUSCALOOSA. 


!3  --• 


-.  If 


8l» 


tell 


ii 


The  Alabama,  a  vessel  which  has  given  the  generic  name  to  the  claims 
before  this  Tribunal,  is  thus  described  by  Semmes,  her  com- 
her  tender',  uTe" Til's,  man der:  "  She  was  of  about  900  tons  burden,  230  feet  in 
length,  32  feet  iu  breadth,  20  feet  in  depth,  and  drew,  when 
provisioned  and  coaled  for  cruise,  15  feet  of  water.  She  was  barkentine- 
rigged,  with  long  lower  masts,  which  enabled  her  to  carry  large  fore  and 
aft  sails,  as  jibs  and  try-sails.  The  scantling  of  the  vef^sel  was  light 
compared  with  vessels  of  her  class  in  the  Federal  Navy,  but  this 
was  scarcely  a  disadvantage,  as  she  was  designed  *as  a  scourge  [3G5] 
of  the  enemy's  commerce  rather  than  for  battle.  Her  engine  was 
•of  300  horse-power,  and  she  had  attached  an  apparatus  for  condensing 
from  the  vapor  of  sea-water  all  the  fresh  water  that  her  crew  might 
require.  *  *  ♦  Her  armament  consisted  cf  eight  guns ;  six  32- 
pounders  iu  broadside,  and  two  pivot-guns  amid-ship,  one  oa  the  fore- 
castle, and  the  other  abaft  the  mainmast,  the  former  a  100-pounder 
rifled  Blakeley,  and  the  latter  ii  smooth-bore  8-inch.'" 

The  Alabama  was  built  and,  from  the  outset,  was  "  intended  for  a 
Confederate  vessel  of  war.''^  The  contract  for  her  construction  was 
"  signed  by  Captain  Bullock  on  the  one  part  and  Messrs.  Laird  on  the 
other."  The  date  of  the  signature  cannot  be  given  exactly.  The  draw- 
ings were  signed  October  9,  18G1,  and  it  is  supposed  that  the  contract 
was  signed  at  or  about  the  same  time.  "  The  shi])cost  in  United  States 
money  about  $255,000."  The  i>ayments  were  made  by  the  agents  of  the 
insurgents.  Bullock  "  went  almost  daily  on  board  the  gun-boat,  and 
seemed  to  be  recognized  in  authority ;"  in  fact,  "  he  superintended  the 
building  of  the  Alabama."^ 

On  the  loth  of  May  she  was  launched  under  the  *name  of  the    [3GG] 
290.*    Her  officers  were  in  England  awaiting  her  comi)letion,  and 
were  paid  their  salaries  "  monthly,  about  the  tirst  of  the  month,  at  Fra- 
ser,  Trenholm  &  Co.'s  oflice  in  Liverpool."^ 

The  purpose  for  wiiich  this  vessel  was  being  constructed  was  noto- 
rious in  Liverpool.  Before  she  was  launched  she  became  an  object  of 
suspicion  with  the  Consul  of  the  United  States  at  that  port,  and  she 
was  the  subject  of  constant  correspondence  on  his  part  with  his  Gov- 
ernment and  with  Mr.  Adams." 

The  iailure  of  Mr.  Adams  to  secure  in  the  previous  March  the  inter- 
ference of  Her  Majesty's  Government  to  prevent  the  departure  of  the 
Florida,  appears  to  have  induced  him  to  think  that  it  would  be  neces- 
sary to  obtain  strictly  technical  pi'oof  of  a  violation  of  the  municipal 
law  of  England  before  he  could  hope  to  secure  the  detention  of  the  then 

'  Semmcu's  Advent ii res  AUoat,  pages  402,  403. 

*  Journal  of  nn  oQiccr  of  the  Alabama.    Seo  Vol.  IV,  page  181. 
» Dntlloy  to  Edwards,  Vol.  Ill,  page  17 ;  Vol.  VI,  page  ;W3. 

*  Dudley  to  Seward,  Vol.  Ill,  page  1 ;  Vol.  VI,  page  371. 
» Vol.  Ill,  page  14C ;  Vol.  VI,  page  435. 

«  Seo  Vol.  Ill,  passim. 


evjd 
Con 
to 
sul 

Wlio 

Act 

at 

tJic 

Adai 

tLc 

(3G9J 

tor 
calle( 
more 
ho  wi 
as  CO 


■il 


THE   ALABAMA   AND    IIER   TENDER. 


147 


amovint 
of  their 
also  the 
)f  either 


OOSA. 

he  claims 
,  her  com- 
iO  feet  in 
-ew,  when 
ivkeutine- 
e  fore  and 
was  light 
this 

irge    [305] 
was 

condensing 
vew  might 
s ;  SIX  oJ- 
ja  the  fore- 
OO-pounder 

uded  for  a 
■action  was 
aird  on  the 
The  draw- 
le  contract 
lited  States 
^ents  of  the 
ui-boat,  and 
u  tended  the 

)f  the    [300] 
.and 
)nth,  at  Fra- 

h\  was  noto- 
an  object  of 
)ort,  and  she 
ith  his  Gov- 

•ch  the  intev- 
arture  of  the 
Ldd  be  neccs- 
he  municipal 
,11  of  the  then 

181. 


nameless  Alabama.  That  ho  had  good  reason  to  think  so  is  not  ojieii 
to  reasonable  doubt.  On  the  2;5d  of  June  ho  thought  he  had  such  proof. 
He  wrote  to  Earl  Russell  that  day/  rccalluigto  his  recollection  the  fact 
that  notwithstanding  the  favorable  reports  from  the  Liverpool  customs 

in  regard  to  the  Florida,  there  was  the  strongest  reason  for 
[307]    *believing  that  she  had  gone  to  Nassau,  and  was  there  ''  engaged 

in  completing  her  armament,  provisioning,  and  crew,"  for  the  pur- 
pose of  carrying  on  war  against  the  United  States.'*  He  continued,  "  I 
am  now  under  the  painful  necessity  of  apprising  your  Lordship  that  a 
new  and  still  more  {.'owerful  war-steamer  is  neaily  ready  for  departure 
from  the  port  of  Liverpool  on  the  same  errand."  "  Tlic  parties  engaged 
in  the  enterprise  arc  persons  well  known  at  Liverpool  to  be  agents  and 
oliicers  of  the  insurgents  of  the  United  States."  "  This  vessel  has  been 
built  and  launched  from  the  dock-yard  of  persons,  one  of  whom  is  now 
sitting  as  a. member  of  the  House  of  Commons,  and  is  fitting  out  for 
the  especial  and  manifest  object  of  carrying  on  hostilities  by  sea."  He 
closed  by  soliciting  such  action  as  might  "  tend  either  to  stop  the  pro- 
jected expedition,  or  to  establish  the  fact  that  its  purpose  is  not  inimi- 
cal to  the  people  of  the  United  States." 

Earl  Kussell  replied  that  he  had  referred  "  this  matter  to  the  proper 
department  of  Her  Majesty's  •  'A-ernment,"'' and  on  the  4th  of  July, 

1802,  he  inclosed  the  ciis'f  ^  report  on  th«  subject,  in  which  it 
[308]    is  stated  that  "the  ofti<-.        .    e  at  all  *times  free  access  to  the 


building-yards  of  the  JM- 


Laird,  at  Birkenhead,  where  the 


vessel  is  lying,  and  that  there  has  been  no  attempt,  on  the  part  of  her  build- 
ers, to  disguise,  tvhat  is  most  apparent,  that  she  is  intended  for  a  shij)  of 
jcrtr."  It  was  further  said  that  "the  description  of  her  in  the  commu- 
nication of  the  United  States  Consul  is  most  correct,  Avith  the  excep- 
tion that  her  engines  are  not  constructed  on  the  oscillatory  principle." 
"  With  reference  to  the  statement  of  the  United  States  Consul  that  the 
evidence  he  has  in  regard  to  tills  vessel  being  intended  for  the  so-called 
Confederate  Government  in  the  Southern  States  is  entirely  satisfactory 
to  his  mind,"  it  was  said  that  "  the  proper  course  would  be  for  the  Con- 
sul to  submit  such  evidence  as  he  possesses  to  the  collector  at  that  port, 
who  would  thereupon  take  such  measures  as  the  Fore.^ni  Enlistment 
Act  would  require ;"  and  the  rei)ort  closed  by  saying  "  that  the  oliicers 
at  Liverpool  will  keep  a  stri(!t  watch  on  the  vessel."^  The  point  that 
the  vessel  was  intended  for  a  vessel  of  war  being  thus  conceded,  Mr. 
Adams  tiiereupon,  at  once,  relying  upon  the  i)roniise  to  keep  watch  of 
the  vessel,  instructed  the  Consul  to  comply  with  the  directions  indicated 
ill  the  report  of  the  Commissioners  and  furnish  all  the  evidence 
[309]    in  his  *po8session  to  the  Collector  of  Customs  at  Liverpool.^' 

Mr.  Dudley  did  so  on  the  Dth  of  July,  in  a  letter  to  the  Collec- 
tor of  Liverpool,"  and  the  attention  of  the  Tribunal  of  Arbitration  is 
called  to  the  fact  that  every  material  allegation  in  that  letter  has  been 
more  than  borne  out  by  subsequent  proof.  The  Collector  replied  that 
he  was  "  respectfully  of  opinion  that  the  statement  made  was  not  such 
as  could  be  acted  upon  by  the  oliicers  of  the  revenue  unless  legally  sub- 

'  Adams  to  Russ<3ll,  Vol.  Ill,  page  5;  Vol.  VI,  page  375. 

^  Tlio  Floritla  arrived  at  Nasaan  A\n'\\  28,  and  tlio  Baliauia  with  licr  annaniont  a  few 

days  later.    Thosi!  facts  woro  undoubtedly  kuowii  to  Lord  Russell  and  to  Mr.  Adams 

when  this  letter  wa.s  written. 
^  Russell  to  Adaum,  Vol.  Ill,  page  fi ;  Vol.  VI,  page  376.        .,...,    , , 
*  Vol.  Ill,  page  7 ;  Vol.  VI,  pago  379.  ';,','!'." 

« Adams  to  Wilding,  Vol.  Ill,  pago  8 :  Vol.  VI,  pago  381.  ,  •       '  • 

•Dudley  to  Edwards,  Vol.  Ill,  page  17  ;  Vol.  VI,  page  383.  ",   ^'/;  'Ij^ , 


fw,' 


t\ 


148 


INSURGENT   CRUISERS. 


staiitiated  by  evidence."'  And  again,  a  few  days  later,  he  said  to  Mr. 
Dudley,  "Tlie  details  given  by  you  in  regard  to  the  said  vessel  are  not 
sufiicient,  in  a  legal  point  of  view,  to  justii'y  me  in  taking  npeu  myself 
tlie  responsibility  of  the  <letention  of  this  ship."' 

Thus  early  in  the  history  of  this  cruiser  the  point  was  taken  by  ihe 
Dritish  authorities — a  point  maintained  throughout  the  struggle — that 
they  would  originate  nothing  themselves  for  the  maintenancp  and  per- 
fojinance  of  their  international  duties,  and  that  they  would  listen  to  no 
representations  from  the  officials  of  the  United  States  which  did  not 
furnish  technical  evidence  for  a  criminal  prosecution  under  the  Foreign 
Enlistment  Act. 

*The  energetic  Consul  of  the  United  States  at  Liverpool  was  [370] 
not  disheartened.  He  caused  a  copy  of  his  letter  to  be  laid  be- 
fore 1».  P.  Collier,  Esq.,  one  of  the  most  eminent  barristers  of  England, 
wlio,  a  few  months  later,  became  Solicitor  General  of  the  Crown,  under 
Loid  Palmerston's  administration,  and  who  is  now  understood  to  be  tlie 
jnincipal  law  ad\iser  of  the  Crown. 

Mr.  Collier  advised  that  "  the  principal  officer  of  tiie  customs  at  Liv- 
ei]>ool  *  *  be  applied  to  to  seize  the  vessel,  with  a  view  to  lier 
condennnition,"  and,  ''at  the  same  time,  to  lay  a  statement  of  the  fact 
beibre  the  Secretary  of  State  for  Foreign  Affairs,  coupled  with  the  re- 
(juest  that  Her  Majesty's  Government  would  direct  the  vessel  to  be 
seized,  or  ratify  the  seizure  if  it  has  been  made."^ 

It  was  useless  to  attempt  to  induce  the  collector  to  seize  the  vessel. 
Mr.  Dudley  thereupon  set  about  to  get  the  direct  proof  required  by  the 
anthorities  as  to  the  chai-acter  of  the  Alabama  or  290.  "  There  were 
men  enough,"  he  said,  "who  knew,  about  her,  and  who  understood  her 
character,  but  they  were  not  willing  to  testify,  and,  in  a  preliminary 
proceeding  like  this,  it  was  impossible  to  obtain  process  to  compel 
them.  Indeed,  no  one  in  a  hostile  community  like  Iiiverpool, 
*where  the  feeling  and  sentiment  are  against  us,  would  oe  a  will-  [371] 
iug  witness,  especially  if  he  resided  there,  and  was  any  way  de- 
pendent upon  the  people  of  that  place  for  a  livelihood.-'"  At  last  Mr.  Dud- 
ley succeeded  in  finding  the  desired  proof.  On  the  21st  day  of  July,  he 
laid  it  in  the  form  of  affidavits  before  the  Collector  at  Liverpool  in  comi)li- 
aiice  with  the  intimations  which  Mr.  Adams  had  received  from  I'^iarl  Eus- 
sell.*  These  affidavits  were  on  the  same  day  transmitted  by  the  Collector 
to  the  Board  of  Customs  at  London,  with  a  recpiest  for  instructions  by 
telegraph,  as  the  ship  appeared  to  l)e  ready  for  sea  and  might  leave  any 
hour.''  Mr.  Dudley  then  went  to  London,  and  on  the  23d  of  July  laid 
the  affidavits  before  Mr.  Collier  for  his  opinion.'  Copies  of  the  affida- 
vits will  be  found  in  Vol.  HI,  page  21  to  28,  and  Vol.  VI,  page  391, 
ct  scq. 

It  is  not  necessary  to  dwell  upon  the  character  of  this  proof,  since  it 
\\i\s  conclusively  soon  passed  upon  by  both  Mr.  Collier  and  by  Her 
Majesty's  Government.  It  is  sufficient  to  say  that  it  showed  affirma- 
tively that  the  290  was  a  "  fighting  vessel ; "  that  she  was  "  going  out 
to  the  Government  of  th(i  Coni'ederate  States  of  America  to 
*cruise  and  commit  hostilities  against  the  Government  and  people    [372j 

» Edw.irda  to  Dudley,  Vol.  Ill,  page  19 ;  Vol.  VI,  page  ;580. 

2  Vol.  VI,  pago  389. 

3  Vol.  Ill,  page  1(5;  Vol.  VI,  page  383.        ■ .,  .r         . 
<  Dudley  to  Soward,  Vol.  Ill,  page  13. 

«  Dudley  to  Seward,  Vol.  Ill,  page  13;  Vol.  VI,  pago  390. 

*  Collector  to  Conimissiouors,  Vol.  Ill,  pago  '20 ;  Vol.  VI,  page  395. 

■>  Vol.  Ill,  pago  29 ;  Vol.  VI,  page  398. 


[374] 

in  pe^ 

eign 

2ith 


'Vol. 
"  Sqii.| 
^Vol. 
^Vol.i 
^A  sn 
Rouudcl 


THE  ALABAMA  AND  HER  TENDER. 


149 


to  Mr. 
iire  not 
myself 

by  the 
e-lthat 
nd  pev- 

Jtl  to  110 

did  not 
Forcigu 

18    [370] 

e- 

luglaud, 
n,  under 
;o  be  the 

8  at  liiv- 
vv  to  her 
•  the  iaet 
,li  the  re- 
sel  to  be 

lie  vessel, 
ed  by  tbe 
bere  were 
•stood  her 
■eliminary 
;o  compel 

nil-    [371] 

de- 

tMr.Dnd- 

>f  July,  h^' 
in  compli- 
^^<arl  Eus- 
ii  Collector 
uctions  by 
;  leave  any 
July  laid 
the  afflda- 
page  391, 

»of,  since  it 
1,(1  by  Her 
ed  aiiirma- 
'  goiug  out 
a  to 
ople    [372] 


of  the  United  States  of  America;"'  "that  the  enlisted  men  were  to 
join  the  ship  in  Messrs.  Laird  &  Co.'s  yard ; "  that  they  were  enlisting 
men  "who  had  previously  served  on  lighting-ships;"  that  the  enlist- 
ments had  then  been  going  on  for  over  a  month,  and  that  there  was 
need  of  immejliate  action  by  tlie  British  Government,  if  action  was  to 
be  of  any  service  in  protecting  its  neutrality  against  violation. 

Mr.  Collier  said  immediately,   "It  appears  difiicnlt  to  make  out  a 
stronger  case  of  infringement  of  the  Foreign  Enlistment  Act,  which,  if 
not  enforced  on  this  occasion,  is  little  better  than  a  dead  letter.    It  well 
deserves  consideration  whetlier,  if  the  vessel  be  allowed  to  escape,  the 
Federal  Goverinnent  would  not  have  serious  grounds  of  remonstrance."' 
The  290  was  at  this  time  nearly  ready  for  sea,  and  time  was  important. 
Mr.  Dudley,  through  his  counsel,  in  order  that  no  time  might  be  lost, 
on  the  same  day  laid  Mr.  Cobler's  new  opinion  before  the  Under  Secre- 
tary of  State  for  Foreign  Allairs  and  before  the  Secretary  of  tbe  Board 
of  Custonis.    The  Under  Secretary  "  was  not  disposed  to  discuss  the 
matter,  nor  did  he  read  Mr.  Collier's  opinion."^    The  Secretary 
[373]    of  the  Board  of  *Customs  said  that  the  Board  could  uot  act  with- 
out orders  from  the  Treasury  Lords.^    The  last  of  these  auswers 
was  not  comuuniicated  until  the  28th  of  July. 

The  additional  proof  and  the  new  opinion  of  Mr.  Collier  were  also 
officially  comnmnicated  to  Her  Majesty's  Government  through  the  reg- 
ular diplomatic  channels.  On  tiie  22d  of  July  copies  of  the  depositions 
of  Dudley,  Maguire,DaCosta,  Wilding,  and  Passmore  were  sent  to  Lord 
Russell  by  Mr.  Adams;'  and  on  the  24th  of  July  copies  of  the  deposi- 
tions of  liolKH'ts  and  Taylor  were  in  like  manner  sent  to  Lord  Rnssell. 
These  were  acknowledged  by  Lord  Russell  on  the  28th. 

On  that  day  "  these  papers  were  considered  by  the  Law  Officers  of  the 
Crown;  on  the  same  evening  their  report  was  agreed  upon,  and  it  w;is 
in  Lord  Russell's  hands  early  on  the  29th.  Orders  were  then  immedi- 
ately sent  to  Liverpool  to  stop  the  vessel. "•'"' 

Thus  it  appears  that  this  intelligence,  which  Great  Britain  regarded 
as  sufficient  to  require  the  detention  of  the  290,  was  comnuuiicated  to 
ner  Majesty's  Government  in  three  ways :  lirst,  on  the  21st  of  July, 
[374]  through  the  channel  at  Liverpool,  *  which  ha'l  been  indicated  by 
Earl  Russell ;  second,  on  the  22d  by  the  solicitor  of  Mr.  Dudley 
in  person  to  the  Customs  and  to  the  Under  Secretary  of  State  for  For- 
eign Affiiirs  at  the  Foreign  Office;  and  thirdly,  on  the  23d  and  on  the 
24th  by  Mr.  Adams  officuilly.  It  also  appears  that  the  information 
communicated  on  the  21st  was  transmitted  to  London  by  the  Collector, 
with  the  statement  that  the  vessel  might  sail  at  any  hour,  and  that  it 
Avas  important  to  give  the  instructions  for  detention  by  telegraph; 
and  it  still  further  appears  that  notwithstanding  this  otticial  information 
from  the  Collector,  the  papers  M'cre  uot  considered  by  the  law  advisers 
until  the  28th,  and  that  the  case  appeared  to  them  to  be  so  clear  that 
they  gave  their  advice  upon  it  that  evening.  Under  these  circumstances, 
the  delay  of  eiglit  days  after  the  21st  in  the  order  for  the  detention  of 
the  vessel  was,  iu  the  opinion  of  the  United  States,  gross  negligence  on 
the  part  of  Her  Majesty's  Government.  On  the  29th  the  Secretary  of 
the  Commission  of  the  Customs  received  a  telegram  from  Liverpool 


e  r.95. 


'  Vol.  Ill,  paso  29 ;  Vol.  IV,  paRO  398.  ♦ 

=  Squaw  to  Aclatns,  Vol.  Ill,  pago  29  ;  Vol.  VI.  page  397. 
» Vol.  Ill,  page  31 ;  Vol.  VI,  page  400. 
<  Vol.  Ill,  pago  21 ;  Vol.  VI,  pago  397. 

*A  speech  delivered  in  the  House  of  Commons  on  Friday,  August  4,  1871,  hy  Sir 
Roundel!  Palmer,  M.  P.  for  Richmond,  page  16.  ■     'i- 


M 

It:  j 


IM 


;  I  I  I 

■  1  ; 

I  ■  i 

H  i  I 


;'jH 


IP*'* 


■i. 


iil 


W. 


150 


INSURGENT   CRUISERS. 


saying'  that  "  the  vessel  290  canio  out  of  dock  last  night,  antl  left  the 
port  this  morning."'  Mr.  Atlanis  was  Justly  indignant  at  the  iailure  of 
the  customs  authorities  to  redeem  their  vo.untary  promise  to  watch 
the  vessel.^ 

*On  the  31st  of  July  Mr.  Adams  had  «i  "conference  wi^li  Lord  |375] 
Eussell  at  the  Foreign  Office,"  at  which  "  his  Lordshij)  first  took 
up  the  case  of  the  290,  and  remarked  that  a  delay  in  determining  upon 
it  had  most  unexpectedly  been  caused  by  the  sudden  development  of  a 
malady  of  the  Queen's  Advocate,  Sir  John  D.  Harding,  totally  incapaci- 
tating him  for  the  transaction  of  business.  This  had  made  it  necessary 
to  call  in  other  parties,  whosn  opinion  had  been  at  last  given  for  the 
retention  of  the  gun-boat,  but  before  the  order  got  doNvn  to  Liverpool 
the  vessel  was  gone.  He  shnikl,  hoivever,  send  directions  to  hare  her 
sioppcd  if  she  went,  as  was  i)robable,  to  Nassau."^  The  judgment  of 
Her  ]\Iajesty'3  Government  upon  the  character  of  the  Alabama  and 
ui)on  the  duty  of  Great  Britain  toward  her  was,  therefore,  identical 
with  that  of  Mr.  Collier. 

The  departure  of  the  290  from  Birkenhead  was  probably,  it  may  be 
said  certainly,  hastened  l)y  the  illicit  receipt  of  the  intelligence  of  the 
decision  of  the  Government  to  detain  her.  ^ 

After  leaving  the  dock  she  "  jjroceeded  slowly  *down  the  Mer-    [370] 
sey."    Both  the  Lairds  were  on  board,  and  also  Bullock.    On  the 
way  down  the  river  Laird  settled  with  the  ])aymasler  for  some  purchases 
for  the  vessel,  and  ])aid  into  his  hands  a  small  sum  of  money .° 

At  the  bell-buoy  the  Lairds  and  the  ladies  left  by  a  tug,  and  returned 
to  Liverpool.  The  290  slowly  steamed  on  to  Moelfra  Bay,  on  the  coast 
of  Anglesey,  where  she  remained  "all  that  night,  all  the  next  day,  and 
the  next  night."    No  effort  was  made  to  seize  her. 

During  this  time  the  tug  Hercules,  which  had  returned  from  the  bell- 
buoy  Avitli  the  Lairds  and  the  ladies,  took  on  board  at  Liveri)ool  a  num- 
ber of  new  hands  for  the  290.  One  accoxuit  says  tluue  were  as  many 
as  forty.''  The  master  of  the  Hercules  admits  that  there  might  have 
been  thirty.^  This  was  done  publicly — so  imblidy  that  tlie  United 
States  Consul  knew  of  it,  and  notified  the  Collector.  The  Collector  had 
his  orders  to  seize  the  290,  and  had  only  to  follow  th.  Hercules  to  get 
the  information  which -would  enable  him  to  obey  those  orders.  He  did 
cause  the  Hercules  to  be  examined.  The  Surveyor  who  did  that 
work  *reported  to  him  that  there  were  a  number  of  jM'rsons  on  [377] 
board,  who  admitted  "  that  they  were  a  portion  of  the  crew,  and 
were  going  to  join  the  gun-boat^,"*'  and  yet  he  neither  stoi)ped  the  Her- 
cules, nor  followed  it.  In  an  emergency  wiien,  if  ever,  tlie  telegra})h 
ought  to  have  been  emi)loyed,  he  wrote  a  letter  by  mail  to  tho»Commis- 
sioners  of  Customs  at  London,"  which  could  not  be  received  until  the 
following  day.  When  this  letter  was  received  the  Commissioners  took 
no  notice  of  the  admitted  recruitment  of  men,  but  ordered  inquiries  to 

'Vol.  Ill,  page  36. 

^Adaius  to  Jinssell,  Vol.  Ill,  page  .'J3G. 

3  Vol.  Ill,  pages  35, 3(5 ;  Vol.  VI,  page  414. 

■•Semincs  says  in  his  Adventures,  "  Fortunately  for  the  Confederate  vessel,  tidings  of 
the  projected  seizure  were  conveyed  to  Birkenhead."  "  Our  uucereuionious  departure 
was  owing  to  the  fact  of  news  being  r-.;ceived  to  the  effect  that  the  customs  authorities 
had  orders  to  Woard  and  detain  us  that  uiorni'ig."    Vol.  IV,  page  181. 

■•  Vol.  Ill,  page  147 ;  Vol.  VI,  page  437. 

"Vol.  VI,  page  408. 

'Vol.  VI,  page  411.     :,.,.,-',■.     ,,-'i-.'-.';  V, ',:,,       ,    ._    '/,,.,_,,     ..',,.     ,, 

8 Vol.  VI,  page  409.     .,,.;.,.,•■  /i'   <  .^;i  V(    ,..-.-  ■■ 

'Vol.  VI,  page  410:  '-r  -'^^tn^ij  •.,.......,•  •..    i        ,    ■ 


'  Vol. 
n-ol. 
■'Vol. 
found  iiu 
^Vol. 
''Jouni 
''The: 
C  .  ship! 
luers,  «fcj 
except  li| 
;>1 ;  see 
'See 
Vol.  111,1 
435  and  ■ 
8  1  hacj 
dhit  of 
fillip  hav] 
the  flag 
Alabama 


THE  ALABAMA  AND  HER  TENDER. 


151 


eft  the 
ilure  of 
I  wiitcli 

I    1375] 

c 

ig  upon 

;ut  of  a 

icapaci- 

(cessary 

1  for  the 

iverpool 

kave  her 

merit  of 

u\a  aud 

(Icutical 

way  be 
50  of  the 

>r.    [37G] 

he 
lurchases 

retuiueil 

the  coast 

day,  and 

the  b<^ll- 
ol  a  num- 

as  many 
o-ht  have 
e  United 
ectov  had 
les  to  ftot 
He  did 
uit 

on    [377] 
ind 

the  ITcv- 
telcfiraph 
i^Commis- 

until  the 
Miers  took 
iquiries  to 


el,  tiilings  of 
as  depivvtnie 
8  autboiities 


be  made  as  to  x)owder  and  guns.'  Biiforc  these  inquiries  conhl  be  com- 
uienced,  the  ollender  was  at  sea.'*  Under  the  cireumstances  this  hesita- 
tion and  dehiy,  and  the  permitting  the  Ahibama  to  lie  unmolested  in 
British  waters  for  over  two  days,  is  little  short  of  criminal  in  the  offi- 
cials who  were  or  should  have  been  cognizant  of  it. 

When  the  Alabama  left  INIoolfra  Bay  her  crew  numbered  about  ninety 

nien.^    She  ran  part  way  down  the  Irish  Channel,  then  round  the  north 

coast  of  Ireland,  only  stopping  near  the  Giant's  Causeway.    She 

[378]    then  made  for  Terceira,  one  of  *the  Azores,  whi(ni  she  reached 

on  the  lOlh  of  August.^ 

On  the  18th  of  August,  while  she  was  at  Terceira,  a  sail  w  as  observed 
ma'kiug  for  the  anchorage.  It  proved  to  be  the  "Agrippina  of  London, 
Captain  McQueen,  having  on  board  six  guns,  with  ammunition,  coals, 
stores,  &c.,  for  the  Alabama."  Pre[)arations  were  immediately  made  to 
transfer  this  important  ciu'go.  On  the  afternoon  of  the  'JOth,  while  em- 
ployed discharging  the  bark,  the  screw-steamer  Bahama,  Captain  Tes- 
sier,  (the  same  that  had  taken  the  armament  to  the  Florida,  whose  in- 
surgent ownership  and  character  were  well  known  in  Liverpool,)  arrived, 
"  having  on  board  Commander  Raphael  Semmes  and  officers  of  the  Con- 
federate States  steamer  Sumter."*  There  were  also  taken  from  this 
steamer  two  32-])ounders  and  sotne  stores,"  which  occupied  all  the  re- 
mainder of  that  day  and  a  part  of  the  next. 

The  22d  and  23d  of  August  were  taken  up  in  transferring  coal  from 

the  Agrippina  to  the  Alabama.     It  was  not  until  Sunday  (the 

[379]    24tli)  that  the  insurgents'  flag  was  hoisted.    Bullock  and  *  those 

who  were  not  going  in  the  290  went  back  to  the  Bahama,  and  the 

Alabama,  now  first  know' n  under  that  name,  went  off  with  "  twenty-six 

oflicers  and  eighty-live  men." 

If  it  be  necessary  for  the  Tribunal  to  ascertain  and  determine  what 
was  the  condition  of  the  Alabama  when  she  left  Liverpool  on  the  29th 
of  July,  1802,  the  affidavits  of  various  witnesses,  printed  in  the  accom- 
panying Volume,  (III,)  will  enable  them  to  <lo  so  with  accuracy."  If  any 
details  are  wanting,  they  can  easily  be  supplied  from  the  account  which 
her  connnander  has  given  of  his  Adventures  Atioat." 

It  is  clear  from  all  these  statements  that  when  she  left  Liverp^yol  she 
was  even  more  completely  lilted  out  as  a  man-of-war  than  the  Florida, 
at  the  time  of  her  departure.  The  Tribunal  will  recall  what  Captain 
Ilickley,  a  competent  expert,  said  of  that  vessel:  ^'■She  icas  in  all  re- 
spects fitted  out  as  a  vessel  of  %mr  of  her  class  in  Her  Majesty's  Navy." 
"As  she    now    stands   she   could,  in  my    professional    opinion,    be 

'Vol.  IV,  i)afj;t!-l!J.  ,        . 

-Vol.  IV,  iia!;o413.  '  '    ' 

■'Vol.  Ill,  piiRC!  Ifl.  Two  crow-lists  arc  in  the  accomiianying  volumes.  One  will  be 
found  in  Vol.  Ill,  i)iigo  150 ;  tho  other,  in  Vol.  Ill,  pago  21:5. 

■•Vol.  IV,  page  182.  •   ,  ,        .     ,  ., 

^Journal  of  an  Oflicer  of  the  Alabama.     See  Vol.  IV,  page  182. 

"The  Bahama  elearod  from  Liverpool  on  the  12th  of  August.  Fawcctt,  Preston  «& 
C  .  shipped  on  board  of  her  "  nineteen  eases  containhig  guns,  gnn-earriages,  shot,  ram- 
mers, jfcc.,  weighing  in  all  158  cwt.  1  qr.  27  lbs.  Tliero  was  no  other  cargo  on  board, 
except  five  hundred  and  tifty-two  tons  of  coal  for  tlio  use  of  the  ship."  Vol.  Ill,  page 
54  ;  see  also  Vol.  Ill,  ]>age  141,  for  further  details. 

'See  particularly  Younge's  deposition.  Vol.  Ill,  page  145;  Passmore's  deposition. 
Vol.  Ill,  page  25;  and  Latham's  deposition,  Vol.  Ill,  page  211.  See  also  Vol.  VI,  pages 
4;i5  and  472. 

**!  had  arrived  on  Wednesday,  [at  Terceira,]  and  on  Saturday  night  wo  had,  by 
dint  of  great  labor  and  perseverance,  drawn  order  out  of  chaos.  *  *  •  The 
sliip  having  been  properly  prepared,  wo  steamed  out  on  this  bright  Sunday  morning ; 
the  Hag  of  tlie  Confederate  States  Avas  unfurled  for  the  first  time  from  tho  peak  of  the 
Alabama. — Semmcu's  Adcenturcs  Afloat,  pages  408,  409. 


i'    :l 


<  '  !' 


152 


INSURGENT   CRUISERS. 


equipped  in  twenty-four  lionrs  for  *I)iittl('."    This  is  not  too  stronjf    [380] 
liuifjjuiif^e  to  bo  used  concfrning:  the  Alabanm.    She  was,  in  liict, 
equi|)ped  i'or  l)attle  in  little  more  than  twenty-four  hours  alter  the  Ba- 
hama joined  her. 

It  is  not  necessary,  however,  to  consider  this  question  ;  for  her  guilty 
status  at  that  time  is  conclusively  established  ajiainst  (ireat  lUitain. 

1st.  By  the  ojnnion  of  ^Ir.  Collier,  who,  soon  after  };ivin{j  it,  becnmea 
member  of  Her  Majesty's  (.Jovernment,  under  the  lead  of  Lord  Palmers- 
ton,  and  with  Earl  IJussell  as  u  colleaj^ue.  They  must,  therefore,  bo 
held  to  have  adopted  his  views  on  one  of  the  most  important  questions, 
half  lepil  and  half  jiolitical,  that  came  before  Lord  Talmerston's  Gov- 
ernment for  determination. 

2d.  ller  Majesty's  tjovernment,  by  ordering;  the  detention  of  the  290, 
admitted  her  illegal  character.  Karl  Kussell  himself  hints  that  it  is  not 
impossible  that  "the  olllcers  of  the  customs  were  misled  or  blinded  by 
the  general  partiality  to  the  cause  of  the  bouth  known  to  prevail  at 
Liveri)ool,  and  that  a  prima  facie  case  of  negligence  could  be  made  out.' 

3d.  Earl  llussell  stated  to  Mr.  Adanis  in  an  ollicial  note  that  "it  is 
undoubtedly  true  that  tlu^  Alabama  was  partly  litted  out  in  a 
British  port."'-    *This  is  all  that  is  necessary  to  be  said  in  order    [381] 
t«  bring-  it  within  the  operation  of  the  rules  of  the  Treaty  of 
Washington. 

Thus  constructed,  equipped,  fitted  out,  and  manned  as  a  ship  of  war 
in  Liverpool,  and  armed  under  the  original  contract  made  at  the  same 
place  with  arms  and  munitions  there  collected  by  the  contractors  of  the 
vessel,  but  sent  out  from  Great  Britain  by  a  separate  vessel  in  order  to 
comply  with  the  oflicial  construction  of  British  municipal  law,  the  Ala- 
bama commenced  a  career  of  destruction  which  proved  higldy  (lisastrous 
to  the  commerce  of  the  United  States. 

She  was  found  to  bo  a  "line  sailer  under  canvass,"  '•  a  (juality  of  in- 
estimable advantage,"  as  it  enabled  Captain  Semmes  "  to  do  most  of  his 
work  under  sail."''  "  She  carried  but  an  eighteen  days'  supply  of  fuel," 
which  induced  her  connuander  "  to  adoi)t  the  plan  of  working  under 
sail  in  the  very  begiuniu.i;',"  and  "to  practice  it  unto  the  end.'"'  "With 
the  exception  of  a  half  a  dozen  prizes,  all  captures  were  made  with  the 
screw  hoisted  and  ship  under  sail."^ 

The  United  States  will  conline  their  comments  to  the  official  treat- 
ment which  this  vessel  received  within  British  jurisdiction.     Iler 
history  for  a  *large  part  of  her  career  nuiy  b(^  found  in  Vol.  IV,    [382j 
between  pages  181  and  2t)l.    It  has  also  been  made  the  subject  of 
an  elaborate  volume,  from  which  some  short  extracts  have  been  quoted 
above. 

From  Terceira  she  crossed  to  the  West  Indies,  taking  at  Martinique 
coal  again  from  the  bark  xVgrippina,  which  had  been  sent  from  England 
for  the  purpose ;  ^  and  she  passed  up  thence  into  the  Gulf  of  Mexico, 
marking  her  course  by  the  destruction  of  vessels  of  the  merchant  marine 
of  the  United  States,  and  of  their  war-steamer  Ilatteras.  On  the  18th 
of  January,  18G2,  she  arrived  at  Jamaica.  Three  British  men-of-war  were 
in  the  harbor,  but  the  promised  orders  of  Earl  llussell  to  detain  her  for  a 
violation  of  British  sovereignty  were  not  there.    In  lieu  of  that,  "  the 


'  Speeches  and  dispatclies  of  Earl  RnsscU,  Vol.  II,  pagea  259,  2C0. 
2  Earl  Russell  to  Mr.  Adams,  Vol.  Ill,  pago  299. 

*  Semmes's  Adventures  Alloat,  page  419. 

*  Semmes's  Adventures  Alloat,  page  420. 

''Sanio,  page  514.    Tho  Agrippiua  is  'the  same  vessel  that  took  coal  &nd  supplies  to 
her  at  Tercoira. 


her 
ing 


regar( 


[385] 


I  Sein 

-  Ibid. 

her  to  r 

having 

eonscqn 

dispatch 

■^  Seni 

^Vol. 

^Ant(J 


THE  ALABAMA  AND  HER  TENDER. 


153 


[380] 


the  Bii- 


;v 
tain. 
xH'nine  a 
L\iliiiors- 
>tbrc,  bo 
nostioiis, 

)U'.S  trOV- 

the  290, 
;  it  is  not 
inded  by 
)revail  at. 
liulo  out.' 
hat  "it  is 

,  a  ' 

LkT    [381] 
of 

nip  of  war 
,  the  .same 
tors  of  the 
u  order  to 
r,  the  Ah\- 
disastrons 

dity  of  in- 
nost  of  his 
y  of  fnol," 
ving  ander 
"  With 
ie  with  the 

icial  tr^at- 

ITor 

IV,    [382J 
•ctof 
eeu  quoted 

Martuiique 
m  Enghmd 
of  Mexico, 
.ant  marine 
)n  the  18th 
of-war  were 
jin  her  for  a 
that,  "  the 


,nd  supplies  to 


most  Cardial  relations  wore  at  once  established  between  the  officers  of 
all  these  sliii)s  and  of  the  Alabania,"'  and  the  (lovernorof  the  island 
promptly  {iranted  Seinmes's  request  to  be  peruutted  to  repair  his  ship.^ 

On  the  lioth  of  January,  havinfj;  lieeii  refitted  and  furnished  with 
[383]    supplies,  .she  left  Jamaica,  *."  bonn<l  to  the  coast  of  lUazil,  and 

theiuje  to  the  Cape  of  Good  Ilope.".' 
On  the  3()th  of  the  previous  November,  after  Captain  Sennnes's  mode  of 
(!arrying  on  war  was  known  in  En^^land,  Mr.  Adams  made  to  Lord  IJua- 
sell  the  lirst  of  a  h>nfj  series  of  representations  concerning  this  vessel. 
This  (!o,unnunication  contains  a  summary  of  all  that  the  United  States 
<leem  it  necessary  to  say  about  the  Alabama  in  this  i>lace.  "  It  now 
appears,"  Mr.  Adams  says,  '*  froni  a  survey  of  all  the  evidence,  First. 
That  this  vessel  was  built  in  a  <lo(!k-yard  belonj^iiiiyf  to  a  commercial 
house  in  Liverpool,  of  which  the  chief  member,  down  to  October  of  last 
year,  is  a  mend)er  of  the  House  of  Commons.  Secondly.  Tlisit  from  the 
manner  other  construction,  and  her  jHiculiar  adaptation  to  war  purpose, 
there  could  have  been  no  doubt  by  those  engaged  in  the  work,  and 
faTniliar  with  such  details,  that  she  was  intended  for  other  purj)oses 
than  those  of  legitimate  trade ;  and.  Thirdly.  That  during  the  whole 
process  and  outlit  in  the  i)ort  of  Livcnjiool,  the  direction  of  the  details, 
and  the  engagen.ent  of  persons  to  be  employed  in  her,  were  more  or  less 
in  hands  laiown  to  be  connected  with  the  insurgents  in  the  United 

States.  It  further  appears  that  since  her  departure  Irom  Liver- 
[38-1]    pool,  Miiich  she  was  suffered  to  leiive  *with()ut  any  of  the  cus- 

tonuuy  evidence  at  the  custom-house  to  designate  her  ownership, 
she  has  been  supplied  with  her  armament,  with  coals,  and  stores,  and 
men,  by  vessels  known  to  bo  lifted  out  and  disi)at(!hed  Ibi-  the  purpose 
from  the  same  port,  and  that  although  commanded  by  Americans  in 
her  navigation  of  the  ocean,  she  is  manned  almost  entirely  by  English 
seamen,  engaged  and  forwarded  from  that  port  by  persons  in  league  with 
her  commander.  Furthermore  it  is  shown  that  this  commander,  claim- 
ing to  be  an  oflicer  acting  under  legitimate  authority,  yet  is  in  the  con- 
stant practice  of  raising  the  Hag  of  Great  Britain,  in  order  the  better 
to  execute  his  system  of  ravage  and  depredation  on  the  high  seas. 
And  lastly,  it  is  made  clear  that  he  pays  no  regard  whatever  to  the 
recognized  law  of  capture  of  merchant-vessels  on  the  high  seas,  whieh 
requires  the  action  of  some  judicial  tribunal  to  conlirm  the  rightfulness 
of  the  proceedings,  but,  on  the  contrary,  that  he  resorts  to  the  piratical 
system  of  taking,  plundering,  and  burning  private  property,  without 
regard  to  consequences,  or  responsibility  to  any  legitimate  authority 
whatever."* 

The  course  of  conduct  so  forcibly  sketched  by  Mr.  Adams  was  con- 
tinued by  the  officers  of  the  Alabama  until  that  vessel  was  suuk  by 

the  Kearsargo  off  Cherbourg. 
[385]       *The  Alabama  went  from  the  West  Indies  to  Ealiia,  where  she 

met  the  Georgia.  She  then  crossed  to  the  Cape  of  Good  Hope, 
and  entered  Table  Bay,  as  has  already  been  seen."'  It  is  not  necessary 
to  saj'  again  what  took  place  as  to  the  Tuscaloosa ;  to  speak  of  the 

I  Seiiinics's  Adventures  Alloat,  pajjo  555. 

-  Ibid.  "  I$y  tlio  act  of  eoiiaeutin^jt  to  receive  tlio  Alabama  in  Kingston,  and  pcrniittiiig 
her  to  lelifc  and  supply  herself  at  that,  we  had  considered  the  British  Governiiu  ut  as 
liaviuj>;  given  her  a  positive  recognition,  and  having  assnmed  the  responsibility  Ibr  the 
consequences  of  that  sanction," — Mr.  Adams's  statement  to  Lord  litisscll,  described  in  a 
dispatch  to_Mr.  Sctiard,  Vol.  IIJ,  i)age  247. 
^Senimcs's  Adventures  Afloat,  page  5G3.  "'■'  -v'^^  i  '  -  •■•  ^  ■•^  ,..■,,,." 
••Vol.  Ill,  pages  70,  71.  .n' •■  ,r, .;,,,.;•  ^f.    ■_r      '■      ;■;    -  ..  ;  ■ 

f' Ante,  page  110.  ^(.'TiVirm 


I 


I 

N.    i 


154 


INSURGENT   CRUISERS. 


■I  t 


m 


evident  cluvracter  of  the  vessel  with  tlic  captured  cargo  on  board ;  of 
tho  lionest  indijjnation  of  llear-Admiral  8ir  Baldwin  Walker  at  the 
lliiusy  attempt  to  convert  the  prize  into  a  cruiser;  of  the  partiality  of 
the  Governor  and  tho  Attorney  CJeneral ;  of  the  decision  of  Her  Maj- 
esty's Cirovernnient  that  she  must  Jbe  rej^arded  as  a  prize  and  not  as  a 
cruiser;  of  the  reluctant  enforcement  of  tho  decision  of  thcOovern- 
nient  by  the  Colonial  Authorities ;  or  of  the  reversal  of  that  decision 
by  Her  Majesty's  Government,  when  they  found  that  it  had  been  en- 
forced. These  facts  have  all  been  suliicuintly  set  forth.  It  only  rcniains 
to  add,  that,  when  Iler  Majesty's  Government  had  determined  to  send 
tho  instructions  to  disreftard  in  similar  cases  such  attempts  to  chaiijfe 
tho  chara(!ter  of  a  prize.  Earl  Russell  informed  Mr.  Adams  of  the  fact, 
and  added,  "Iler  Majesty's  Government  hope  that  under  thesi^  instruc- 
tions nothiu};'  will  for  the  future  happen  to  admit  of  a  (juestion  being' 
raised  as  to  Her  Majesty's  orders  haviuft'  been  strictly  carried 
out."^  Earl  Ivussell  could  *not  have  anticipated  that  the  lirst  [380] 
aud  only  attempt  of  the  authorities  at  Cape  Town  to  carry  out 
those  instructions  would  be  disavowed  by  Her  Majesty's  Government, 
aud  that  restoration  would  be  ordered  to  tlie  insurgents  of  the  only 
vessel  ever  seized  under  them. 

From  Capo  Town  tho  Alabama  jjushed  into  the  Indian  Ocean,  and, 
"within  a  day  or  two  of  six  months,"-  returned  again  to  Cape  Town  on 
the  2Uth  of  ]\Iarch,  180-i.  During  her  al)sence  she  had  coaled  at  Sing- 
apore, v.itli  tho  consent  of  the  authoi'ities,  at  the  wharf  of  the  Teniu- 
sular  and  Oriental  Steamship  Company.^ 

On  the  L'lst  of  March  the  Alabama  began  taking  on  board  fresh  sup- 
plies of  coal  in  Cape  Town.''  The  last  coal  from  a  IJritish  i)ort  (and,  in 
tact,  the  last  supply)  had  been  taken  on  board  at  Singapore  on  the  L'3d 
day  of  the  previous  December."'  The  new  sui)i)ly  was  allowed  to  l)e  put 
on  board  within  three  months  from  the  time  when  the  last  supi)ly  was 
received  in  a  British  port.  This  was  a  fresh  violation  of  the  duties  of 
Great  Britain  as  a  neutral. 

On  the  L'ijth  of  March  the  Alabama  "  got  up  steam  aiul  moved 
out  of  Table  Bay  for  the  last  '*time,  amidst  lusty  cheers  and  tho    [387 1 
waving  of  handkerchiefs  i'rom  the  boats  by  which  they  were  sur- 
rounded.""   "Military  and  naval  oliicers,  governors.  Judges,  superin- 
tendents of  boards  of  trade,  attorneys-general,  all  on  their  way  to  their 
missions  in  the  far  East,  came  to  see  her."^ 

She  now  made  her  way  to  northern  waters,  and  on  the  11th  of  June, 
1804,  cast  anchor  in  the  harbor  of  Cherbourg.  Her  career  was  now 
finished.  The  United  States  war-steamer  Kearsarge  was  in  those  waters, 
aud  on  the  lOth  of  the  same  June,  within  sight  of  Cherbourg,  this 
British-built,  British-armed,  and  British-manned  cruiser  went  down 
under  the  fire  of  American  guns. 

During  her  career  the  Alabama  fitted  out  one  tender,  the  Tuscaloosa. 
The  "Conrad  of  Philadelphia,  from  Buenos  Ayres  to  New  Yoi'k,  with 
part  of  a  cargo  of  wool,"  was  captured  on  the  20th  of  June,  1803,  in 
latitude  25°  48'  south."    It  has  already  beeu  seen  that  this  prize  was 

'  Vol.  Ill,  piigc,  20:?. 

-Scniiues's  Adventures  Afloat,  pago  737.      •     •   >  '     •  •      .,' 

^  Seniuies's  Ailventurcs  Afloat,  page  715. 
■•  Seiumes's  Adventures  Afloat,  page  744. 

•"'This  is  evident  from  SoiMuies's  account  of  his  voyage  on  leaving  Singapore,  page 
715,  ct  scq. 
''  Seniuies's  Adventures  Afloat,  page  744. 
'  Semiues's  Adventures  Afloat,  page  745. 
*  Semmes's  Adventures  Afloat,  page  027. 


Singi 
[390j| 

0. 

on  h( 
pired| 

0. 
respc 


iml;  of 
at  tlio 
iality  of 
[lu-  Ma.i- 
not  UH  a 
(lovorn- 
(k'ciHiou 

)t'(Ml    t'll- 

ivinaiiu-i 
U)  st'iul 

»  cliaiiu« 
tlio  Tact, 
•  instinc- 
iMi  beiiiy 
[)d 
•St 
lit 

rnuuciit, 
the  only 


[380] 


can,  ami, 
Town  on 
at  Sing- 
le rcniu- 

i'esU  sup- 
t  (ami,  in 
n  the  'SM\ 
to  be  imt 
ipply  was 
duties  of 


[381 


n}d 

tlio 
iur- 
8upo.riii- 

I'y  to  tbeii' 

I  of  June, 
was  now 
)se  waters, 
ouii;",  this 
ent  down 

'uscaloosa. 

i'ork,  with 

le,  1803,  in 

prize  was 


igaporo,  pago 


THE   ALABAMA   AND   HER   TENDER. 


155 


taken  into  tlio  port  of  Cupe  Town,  under  the  name  of  the  Tuscaloosa, 
and  under  pretense  of  a  cominission  ;  and  that  the  pretense  was  recog- 
nized as  valid.  When  the  Alabama  left  to  cruiso  in  the  Indian  Ocean, 
Semmes  "dispatched  this  vessel  from  Anj^ra  Pequena  back  to 
[388J  the  coast  of  Brazil,  to  *make  u  cruise  on  that  coast."*  it  has  also 
been  seen  how,  on  her  return  to  Cape  Town,  sh«  was  seized  by  the 
Governor  of  (Jai)o  Town,  ami  laid  until  the  close  of  the  struffyie. 

The  United  States  ask  the  Tribunal  of  Arbitration,  as  to  the  Alabama 
ftiid  as  to  her  tender,  to  determine  and  to  certify  that  Great  Britain  has, 
by  its  acts  and  by  its  omissions,  failed  to  fulliil  its  duties  set  forth  in 
the  three  rules  of  the  Treaty  of  Washington,  or  recognized  by  the 
principles  of  law  not  inconsistent  with  such  rules.  Should  the  Tribunal 
exercise  the  power  conferred  u[)on  it  1  y  Article  VII  of  the  Treaty, 
award  a  sum  in  gross  to  be  paid  to  the  LT'iited  States,  they  ask  that,  in 
considering  the  aimmnt  to  be  awarded,  the  losses  of  tho  United  States, 
or  of  individuals,  in  the  destruction  of  their  vessels  or  their  cargoes  by 
tho  Alabama,  or  by  its  tender,  and  also  the  expense  to  which  the 
United  States  were  put  in  the  [)ursnit  of  either  of  those  vessels,  or  in 
the  capture  and  destruction  of  the  Alabanni,  may  be  taken  into  account. 

In  addition  to  the  general  reasons  already  stated,  they  ask  this  for 
the  following  reasons: 

1.  That  the  Alabama  was  constructed,  was  fitted  out,  and  was  equip- 
ped  within  tho  Jurisdiction  of  Grei't  Britain,  with  intent  to 
[389]  cruise  and  carry  *on  war  against  tho  United  States,  with  whom 
Great  Britain  was  then  at  peace ;  that  Groat  Britain  had  reason- 
able ground  to  believe  that  such  was  the  intent  of  that  vessel,  and  did 
not  use  duo  diligence  to  prevent  such  construction,  fitting  out,  or 
equipping. 

13.  That  tho  Alabama  was  constructed  and  armed  within  British  juris- 
diction. Tho  construction  of  the  vessel  and  the  construction  oi"  the 
arms ;  tho  dispatch  of  tho  vessel  and  the  dispatch  of  the  arms — all 
took  place  at  one  British  port;  ami  the  British  authorities  had  such 
ample  notice  that  they  nmst  bo  assumed  to  have  known  all  these  facts. 
The  whole  should  be  regarded,  therefore,  as  one  armed  hostile  expedi- 
tion, from  a  British  port,  against  the  United  States. 

3.  That  tho  Alabama,  having  been  specially  adapted  to  warlike  use 
at  Liverpool,  and  being  thus  intended  to  (;ruise  and  carry  on  war  against 
the  United  States,  (ireat  Ihitaiu  did  not  use  duo  diligence  to  prevent 
her  departure  from  its  jurisdiction  at  Liverpool ;  nor,  subsequently,  from 
its  jurisdiction  at  Kingston;  nor,  subsequently,  from  its  jurisdiction  at 
the  Cape  of  Good  Hope ;  nor,  subseijuently,  from  its  jurisdiction  at 
Singapore ;  nor,  lastly,  from  its  jurisdiction  again  at  the  Cape  of  Good 

Hope,  as  required  by  the  rules  of  the  Treaty  of  Washington. 
[390]        *4.  That  Great  Britain  did  not,  as  Earl  iiussell  had  promised, 
send  out  orders  for  her  detention. 

5.  That  the  Alabama  received  excessive  hospitalities  at  Ca[)e  Town 
on  hev  last  visit,  in  being  allowed  to  coal  before  three  months  had  ex- 
pired after  her  coaling  at  Singapore,  a  British  port. 

0.  That  the  responsibility  for  the  acts  of  the  Alabama  carries  with  it 
responsibility  for  tho  acts  of  her  tender. 


:^i|"i 


ir* 


'  Semmes'a  Adventures  Afloat,  pago  738. 


(    I. 


itJ^  .vfjii.'u; 


15G 


INSURGENT   CRUI8KUS, 


TiiH  uiyriunuTioN. 

The  Hteain-inoiMilk'r  Uncle  Jjcii,  built  ut  Biin'alo,  in  New  York,  in 
l.sr»(J,  wiiH  sent  to  tlio  soutlu'in  coast  of  the  I'nKed  Htatcs 
just  prior  to  the  attack  on  lort  Sumter,      hnterin^jf  (  ap»^ 
I'Var  IMver  in  stress  of  weather,  she  was  seized  l).v  the  insur};<'nts.   Jler 
machinery  was  taken  out,  and  sIm^  was  converted  intt>  a  scthooner,  and 
•ruised,  under  the  nanu)  of  the  Uetrihutio:.,  about  tin'  iJahania  IJanks. 
On  ti>e  IDth  day  of  J)eeeinber,  ISOU,  she  captured,  near  tlu^  island  of 
Ban  Domingo,  the  United  States  schooner  Ilauover,  and  took  the  prize 
•to  Lonj;'  Cay,  (Fortune  Island,)  Jlahanias,  and  there  s(>ld  the  car^^o, 
"  without  previous  Judicial  process.'''     Itepresentations  beinj^'  made  of 
these  facts,  an  answer  was  made  by  tln^  Colonial  Authorities, 
♦clainiinff  tliat  they  were  tleceived,  and  that  they  supposed  that    [^91] 
the  person  making  the  sale  was  the  master  <if  the  vessel.-     Mr. 
Boward  replied  that  this  answer  was  not  "  deenu'd  alto{;ether  conclu- 
sive."   (Subsequently  one  Vernon  liOcke  was  repiesented  as  the  person 

,  who  had,  "  by  fraudulent  i)ersonalions  and  reureseutations,  jiroeured 
the  adjuissiou  of  that  vessel  [the  Hanover]  to  entry  at  the  Iteveiuie 
Oflice  and  elfected  the  sale  of  her  <'arf;'o  there."'  Litcke  was  indicted, 
and  bail  accepted  in  the  sum  of  £li(H>.  The  United  States  are  not  aware 
that  he  was  ever  brought  to  trial.  Mr.  Seward  thought  tlut  bail  "  sur- 
l)risingly  small  and  insignificant."''  On  the  IDth  of  February,  1803, 
Avhen  off  Castle  Island,  one  of  the  Dahamaa,  she  capturvd  tin;  Ameri- 
can brig  Emily  Fisher,  freighted  with  sugar  ami  molasses.  This  prize 
also  "  was  taken  to  Long  Cay,  one  of  the  JJahama  Islands,  and  notwith- 
standing the  protest  of  Captain  Staples,  [the  master,]  and  in  the  pres- 
ence of  a  British  magistrate,  was  despoiled  of  her  cargo ;  a  portion  of 
which  was  landed,  and  the  balance  willfully  <lestroyed."'  ThelJetribu- 
tion  then  went  to  the  harbor  of  Nassau,  where  she  was  sold,  assuming 
the  name  of  the  Etta.* 

*The  United  States,  with  confidence,  ask  the  Tribunal  to  find    [392] 
and  certify  as  to  this  vessel,  that  Great  Britain  failed  to  fulfill 

.the  duties  set  forth  in  the  three  rules  of  Article  VI  of  the  Treaty,  or 
recognized  by  the  princjiples  of  International  Law  not  inconsistent  Avith 
such  rules.  They  ask  this,  not  only  I'or  the  general  reasons  heretofore 
mentioned  as  to  this  class  of  vessels,  but  because,  in  the  case  of  each 
of  the  captured  vessels  above  named,  the  acts  complained  of  were  done 
within  Her  Majesty's  jurisdictiou. 


Tlie  Qeorsia* 


THE  GEOKGIA. 

The  Georgia  was  built  for  the  insurgents  at  Dumbarton,  below  Clyde, 
on  the  Glasgow.  She  was  launched  on  the  10th  day  of  Jan- 
uary, 1803,  at  which  time,  as  has  already  been  said,  "  a  Miss 
North,  daughter  of  a  Captain  North,  of  one  of  the  Confederate  States, 
officiated  as  priestess,  and  christened  the  craft  Virginia."^     It  was  uo- 

'  Mr.  Seward  to  Lord  Lyons,  Vol.  I,  psigo  701. 
*  Burnsidc  to  Nesbitt,  Vol.  1,  page  702. 
'  Governor  Bayloy  to  Duke  of  Newcastle,  Vol.  I,  page  706. 
••  Affidavit  of  Thomas  Sampson,  Vol.  VI,  page  736. 
•     *  Underwood  to  Seward,  January  16, 186!$,  Vol.  VI,  page  59.3. 


toriou! 

f;{93i 

with  h 

and  a  t 

March, 

name  > 

her  bo\ 

On  t 

eighty 

sent  t( 

the  ho 

thein.''^ 

Liverp( 

of  IMau 

his  nan 

arrived 

[394]    ti 
ri 
<lown  th 
They  sti 
Man.« 
through 
0th  of  A 
(iist  plat 
proceed! 
iVIorlean 
the  Geoi 
Jones  «Jc 
It  ha 
of  .judi( 
Justice  c) 
of  Jones 
Enlistnu 
in 
[39.-,]    a 
t 
"  There 
themseh 
afterwari 
])urpose 
there  see 
with  the 
the  Jap;; 
question, 

~ili^^ti^ 

ft  Heq. 
•  Dudley 
'  Vol.  II, 
^  Vol.  II, 
"Mr.  Adi 
"Mabon'i 
'Tiiomp.' 
■*  Speech 


THE   GEOUOIA. 


157 


[392] 


torlotis  tliiit  she  -wny,  bolnj;  coiistriU't«'(l  for  this  service.'  Wlieii  niiislicd 
.she    was    ii    "  Her«!\v-.sleiiiiier   of    iil)out    live    liiiiidred    tons   ref^ister, 

elil)|H!r-l)iiiit ;  llji;nre-lieii(l,  li(l<lIei)o\v;  .sliort  tliialv  fmmel ;  witli 
[.')!).'J]    •ii  iiuiiiber  of  (•oiiipiirtiiieiit.s  forward  on  both  sides,  from  <-iyht  to 

tell  feet  scjuare,  and  stroiij^er  than  a  jail,  siroii},'  doors  to  tliem, 


ith  h 


witii  ninjjes  aoout  tlireo  iiuthes  tiiielv,  and  itrass  ])aUlo(!ks  aeeonlin^ily, 
and  a  sti'on^' inaya/ine  forward  in  tlie  bow."  On  l"'rida.v,  tlie  liTtii  of 
iNFarch,  slu',  left  for  (Jreoiioiik.'*  15y  this  time  she  had  jiarted  with  her 
name  Virginia,  and  had  the  name  Japan,  "written  in  small  letters  on 
her  bow  ;"  and  it  was  pretended  that  her  vo.vaj^o  was  to  i)e  to  China. 

On  the  evening;'  of  JMonday,  the  .'lOth  of  March,  some  seventy  or 
eighty  men  who  liad  been  shipped  at  Jjivcrpool  for  this  vessel  wevo 
sent  to  CJreenock.  The  agreements  with  this  crew  were  made  by 
the  house  of  Jones  &  Co.,  of  Liverpool,''  who  ;.  Ivaneed  money  to 
them.'"'  The  vessel  was  registered  in  the  iiamo  of  Thomas  ]{old,  of 
Liverpool,  a  member  of  tlu^  house  of  Jones  &  C(».,  and  a  :<eai  connection 
of  ]\Iaury,  who  afterward  <!omman(led  her.  It  remained  registered  in 
his  name  until  the  L'.'ld  day  of  the  following -Fune.''  When  the  men 
arrived  in  the  Clyde  from  liiverpool,  the  .Japan  was  "lying  in  the  river 

opposite'  (Ireenock,  and  they  v.cre  taken  on  board  in  a,  tug.  On 
[;5!>1]    the  •morning  of  the  2d  of  Ajiril  they  ran  out  towanl  the  sea,  bii; 

returned  in  the  alternoon,  and  renudned  near  the  light-house 
down  the  Clyde,  taking  on  board  more  nu'u  and  jjrovision  from  (Iroenock. 
They  started  again,  and  next  morning  they  were  off  Castleton,  Isle  of 
Man."  Hero  they  changed  their  course,  and  went  into  the  Atlantic, 
through  the  northern  passage,  between  Ireland,  and  H(!otland.  On  t!  o 
()th  of  April  they  reached  the  coast  of  France.  Ushant  light  was  the 
lirst  place  they  sighted.  Here  they  turned  their  steps  toward  St.  .^lalo, 
proceeding  under  slow  steam,  and  in  the  morning  they  sighted,  oft" 
Morleaux."  th(>-  steamer  Alar,  with  arms,  ammunition,  and  supi)lies  for 
the  Georgia,  under  charge  of  Jones,  ii  partner  in  the  Liverpool  house  of 
Jones  &  ( 'o." 

It  hai»pened  that  tbeso  proceedings  were  afterward  maoe  th.'  siil)ject 
of  Judi(!ial  investigation  befon*  Sir  Alexander  ('ockburn,  Lord  Chief 
Justice  of  Kngland.  llighatt  and  Jones,  two  of  the  nu'uil)ers  of  the  iiriu 
of  Jones  &  Co.,  were  indicted  at  Liverpool,  for  a  violation  of  the  Foreign 
Enlistment  Act  of  1811),  in  causing  these  men  to  be  enlisted  to  serve 

in  a  war  against  the  United  states.  The  case  came  on  for  trial 
[.■)0.")J    at  the   Liverpool  Assizes,  in  *August,  18G4.     In  his  address  to 

the  jury,  after  the  evi(h?nce  was  in,  the  Lord  Chief  Justice  sai*; : 
"There  was  no  doubt  that  Matthews,  Stanley,  and  C.lassbrook  did  eivibr 
themselves  and  enlist  on  board  the  steamer,  which  was  inured!, iiely 
afterward  empfoyed  as  a  war-steanu'r  in  the (Jonfedcrates- '•vice, for  the 
])urpose  of  waging  war  against  the  Northern  St-ues  of  iVuierica;  and 
there  seemed  to  be  very  little  doubt  tluit  be*:h  tlie  Jefeiidants  had  to  do 
with  the  men's  leaving  the  port  of  Liverpool,  for  the  ])ur])ose  of  joining 
the  Japan,  afterward  called  the  Georgia.  #  *  #  ]s[o^v  came  the 
(juestion,  whether  the  defeiulants  had  procured  the  men  to  be  engaged 

'  Extracts  Irom  Loiidou  Daily  Nows,  February  12  and  17,  18C3,  Yol.  VI,  page  503, 
vt  seq. 
•-"  Dndloy  to  Seward,  Vol.  II,  pago  CG.'S ;  Vol.  VI,  page  509. 
=•  Vol.  II,  ptigo  OHl ;  Vol.  VI,  page  uKi ;  Vol.  VII,  pago  88. 
■•  Vol.  II,  pago  (i72 ;  Vol  VI,  pago  !:A2  ;  Vol.  VII,  pago  88. 
«Mr.  Adams  to  Eavl  Russell,  Vol.  II,  pages  C77,G78  ;  Vol.  VII,  pago  88. 
"Mabou'H  affidavit,  Vol.  II,  page  G72;  Vol.  VI,  pago  .'JlH. 
'Thompson's  allidavit.  Vol.  II,  pago 671 ;  Vol.  VI,  page  511. 
8  Speech  of  Thomas  Baring,  Es(i.,  M.  P.,  Hansard,  3d  series,  Vol.  175,  pago  4G7. 


m 


f- 


,  ■  i'V 
■  At 

I 


158 


INSURGENT  CRUISERS. 


M* 


in  war  against  a  country  toward  which  this  country  was  bound  to  main- 
tain a  strict  neutrality.  No  dou'  ♦"■  it  was  possible  that  the  defendants 
might  have  been  under  a  delusioi  that  the  ship  was  engaged  for  a 
A'^oyage  to  China.  It  was  for  the  jury  to  say  whether  they  believed  that 
to  have  been  the  case.  If  they  believed  the  witnesses  ConoUy  an<l 
Glassbrook,  the  defendant  Jones  coidd  not  have  been  of  that  opinion, 
because  he  was  on  board  the  small  stejuner  which  was  an  imjiortant 
agent  in  the  transaction ;  and  when  he  found  out  what  the  vessel  really 
was.  le  manifested  no  surprise  or  horror.  It  was  true  that  the 
iury  nad  to  rely  on  the  evidence  of  men  who  had  turned  *traitors  [390] 
to  the  people  they  had  sworn  to  serve,  and  who  had  since  played 
the  spy  upon  the  persons  who,  as  they  alleged,  had  engaged  them.  But, 
on  the  otlier  hand,  there  was  no  attempt  to  show  them  that,  on  the  day 
when  these  men  signed  articles  at  Brest,  Mr.  Jones  was  not  on  board, 
and  if  he  was  on  board  it  was  difrtcult  to  suppose  he  could  have  got 
there  with  the  innocent  intention  described  by  the  defense.  It  seems 
strange  that  if  they  Avere  acting  as  agents  for  Mr.  Bold,  they  did  not 
now  call  upon  him  to  come  into  court,  and  state  that  they  were  inno- 
cently employed,  and  perfectly  unconscious  that  the  vessel  was  intended 
to  go  on  a  warlike  expedition.  Although  sometimes  it  was  an  incon- 
venience and  a  hardship  that  a  man,  cliarged  as  the  defendants  were, 
could  not  be  called  to  give  his  own  evidence,  sometimes  it  was  a  vast 
convenience  to  persons  accused  that  they  could  not  be  called,  because 
if  they  were,  they  would  be  constrained  to  admit,  unless  they  committed 
perjury,  that  the  truth  was  on  the  other  side."^ 

The  Alar,  with  her  cargo,  had  cleared  at  Newhaven  for  St.  Malo. 
When  the  two  vessels  met,  the  Georgia  took  the  Alar  in  tow,  and  they 
floated  about  on  those  waters  during  the  whole  day.  At  night 
they  came  to  anchor,  probably  oft'  the  island  *of  Ushant,  .and  the  [397] 
Georgia  commenced  taking  in  arms  and  ammunition  and  supplies- 
Three  days  passed  in  this  way.  There  were  nine  breech-loading  guns  to 
be  mounted  on  decks,  and  "  guns,  shot,  shells,  rockets,  ammunition, 
riiles,  cutlasses,  and  all  sorts  of  implements  of  war.*'^ 

All  were  put  on  board  before  Friday,  the  10th  of  April ;  the  insur- 
gents' Hag  was  then  hoisted;  Maury,  the  insurgent  officer  destined  for 
the  command,  produced  his  commission;  the  .fapan  was  changed  into 
the  Georgia ;  hfteen  sailors  who  refused  to  cruise  in  her  were  trans- 
ferred to  the  Alar,  and  the  Georgia  continued  her  cruise. 

On  the  Sth  of  April  Mr.  Adams  called  Earl  Eussell's  attention  to  the 
departure  from  the  Clyde  and  Newhavcn  of  this  hostile  expedition, 
"with  intent  to  depredate  on  the  commerce  of  the  United  States,'"  and 
he  stated  his  belief  that  the  destination  of  the  vessel  was  the  island  of 
Alderney.  Earl  Eussell  replied,  on  the  same  day,  that  'Ibpies  of  his  let- 
ter "were  sent,  without  loss  of  time,  to  the  Home  Department  and  to 
the  Board  of  Treasury,  with  a  request  that  an  immediate  inquiry  might 
be  made  into  the  circumstances  stated  in  it,  and  that  if  the  result  should 
prove  the  suspicions  to  be  well  founded,  the  most  effective  measures 
[398]  7nifjht  he  *taTcen  which  the  lato  admits  of  for  defeating  any  such  at- 
tempts  to  fit  out  a  belligerent  vessel  from  a  British  port?^* 

Had  Her  Majesty's  Government  taken  the  measures  which  Earl  Rus- 
sell suggested,  it  is  probable  that  the  complaints  of  the  United  States, 
as  to  this  vessel,  might  not  have  been  necessary.    The  sailing  and  the 


!."!■- 


'  Vol.  VI,  page  5f)7. 
«  Vol.  II,  page  671 ;  Vol,  VI,  pago  511. 
9  Vol.  II,  page  CGG ;  Vol.  VI,  pago  :m. 
*  Vol.  II,  pago  6G7 ;  Vol.  VI,  pago  510. 


'Vol 
-  Hii 

1829, 
»Vo 
<Vo 
'•'Sh 

son's  i 
"Vo 

7"  J 

hnviiij 

tllOHO, 

*         # 

(Berne 
niagni 


THE   QEORQIA. 


159 


to  maiii- 
ieiulants 
id  for  a 
ved  til  at 
oily  and 
opinion, 
nportant 
sel  really 
he 

.rs    [390] 
ed 

m.    But, 
1  the  day 
3U  board, 
have  got 
It  seems 
y  did  not 
tere  inno- 
;  intended 
an  incon- 
ints  were, 
s'as  a  vast 
1,  because 
•oramitted 

St.  Malo. 

,  and  tUey 

i;ht 

the    [397] 

ies. 

II g  guns  to 

imunition, 

the  insur- 

jstined  for 

mged  into 

ere  trans- 

tion  to  the 
xpedition, 
\tes,'"  and 
e  island  of 
.  of  his  let- 
int  and  to 
uiry  might 
suit  should 
ve  measures 
my  such  at- 

Earl  Rus- 
ted States, 
ug  and  the 


destination  of  the  Japan  were  so  notorious  as  to  be  the  subject  of  news- 
paper comment.'  No  time,  therefore,  was  required  for  that  invesHga- 
tion.  It  could  have  been  very  little  trouble  to  ascertain  the  facts  as  to 
the  Alar.  The  answer  to  a  telegram  could  have  been  obtained  in  a  few 
minutes.  Men-of-war  might  have  been  dispatched  on  the  8th  from 
Portsmouth  and  Plymouth,  to  seize  both  these  violators  of  British  sov- 
ereignty. In  doing  this  Her  M.njesty's  Government  need  only  have  ex- 
ercised the  same  powers  which  were  used  against  General  Saldanha's 
expoditio)!,  arrested  at  Terceira  in  1827,  and  whose  use  in  that  case  was 
sustained  by  a  vote  of  both  Houses  of  Parliament.^  The  island  of  Al- 
derney  and  the  other  Channel  islands  were  on  the  route  to  St.  Malo  and 

Brest,  and  it  is  not  at  all  probable,  scarcely  possible,  that  the 
[399]    Alar  and  the  Georgia  *would  not  have  been  discovered.    Tlie 

purposes  of  the  latter  vessel,  thus  taken  flagrante  delicto,  would 
then  have  been  exi)osed. 

This  was  not  done.  Instead  of  directing  action  to  be  taken  by  the 
JVai'jy,  Lord  Russell  caused  inquiries  to  be  made  by  tlie  Home  Otlice  and 
the  Treasury,  and  the  Georgia  escaped. 

On  the  1st  of  De(tember,  1803,  Mr.  ♦V<lams  called  Lord  Russell's  atten- 
tion to  the  fact  of  "  the  existence  of  a  regular  ottice  in  the  port  of  Liv- 
erpool for  the  enlistment  and  payment  of  British  subjects,  for  the  pur- 
pose of  carrying  on  war  against  the  Govenunent  and  people  of  the 
United  States;"  and  he  expressed  the  hope  that  "the  extraordinary 
character  of  these  proceedings,  as  well  as  the  hazanlous  conserpicnce  to 
the  future  peace  of  all  nations  of  permitting  them  to  gain  any  authority 
under  the  international  law,  will  not  fail  to  tix  the  attention  of  Her  Ma- 
jesty's Government."^  The  depositions  inclosed  in  this  communication 
furnished  conclusive  i)roof  that  the  members  of  the  firm  of  Jones  &  Co. 
were  still  engaged  at  Liverpool  in  procuring  and  shipping  men  for  the 
Georgia,  and  that  the  paynuMits  of  the  wages  of  the  crew  of  tlmt  vessel 

were  regularly  made  through  the  same  firm.'*  It  was  also  proved 
[400]    that  Jones  had  *superintended  the  shipping  of  the  armament  of 

the  Georgia  otf  Brest;  that  he  had  been  standing  by  the  side  of 
Maury  Avhen  he  assumed  command,  and  that  he  had  told  the  men,  as  an 
inducement  to  them  to  remain,  that  "  of  course  they  would  get  the  prize 
money." '^ 

On  the  11th  of  January,  1804,  Mr.  Adams  inclosed  to  Lord  Russell 
copies  of  papers  which  he  maintained  went  "  most  clearly  to  establish 
the  proof  of  the  agency  of  Messrs.  Jones  &  Co.  in  enlisting  and  paying 
British  subjects  in  this  Kingdom  to  carry  on  war  against  the  United 
States.""  Proceedings  were  taked  against  Jones.  &  Ilighatt,  as  has  al- 
ready been  shown.  They  were  convicted,  and  were  lined  but  fifty 
pounds  each — manifestly  a  punishment  not  calculated  to  deter  them  from 
a  repetition  of  the  offense.'^ 

'  Vol.  II,  i>ago  cm. 

-  Hiiiisnrd,  new  series,  Vols.  XXIII  .and  XXIV  ;  Annuiil  Eegistor,  Ilutory,  &c.,  A.  D. 
1829,  Vol.  LXXII,  paj,'o  187. 

'Vol.  II,  pa-;.!  cm  ;  Vol.  VI,  pivRC  519. 

*  Vol,  II,  pa'p-s  G3H,  G84.  GSG.  089,  &f. 

r-  Stanley's  Jtllklavit,  Vol.  II,  page  Gdl ;  Vol.  VI,  p.ngo  522.  See  also  Charles  Thomp- 
son's afiidavit.  Vol.  III.  pafjo  87. 

<i  Vol.  II,  page  (i98;  Vol.  VI,  \kv^  531. 

'"Five  ])roseeutoii8  were  instituted  at  different  timra  against  persons  charged  with 
having  enlisted  ( .  engaged  men  lor  the  naval  service  of  the  Confederate  States.  Of 
those,  three  were  successful.  Fivo  of  the  accused  were  convicted  or  ideaded  guilty. 
*  *  *  No  prosecution  appears  to  have  been  instituted  against  Bullock  himseltV' 
{Bernarffa  AVi(7r«/i<,y,  pages  ;M)l-2.)  This  is  a  terribly  small  record,  considering  tho 
magnitude  of  the  offenses  committed,  and  considering  the  zeal  showu  in  repressing  en- 


iH! 


I( 


IGO 


INSURGENT   CRUISERS. 


After  all  this  ini'ormation  was  before  Lord  Rns*8ell,  tlie  Geor-  [401] 
Sia,  on  the  1st  day  of  May,  1804,  reappeared  in  the  port  of  Liv- 
erpool. During  her  absence  she  had  been  busy  in  destroying  snch  of 
the  commerce  of  the  United  States  in  the  Atlantic  as  had  escaped  the 
de.^)redations  of  the  Florida  and  the  Alabama.  She  had  been  to  the 
Western  Islands,  and  from  thence  to  the  Brazilian  port  of  liahia.  From 
thence  she  went  to  the  Cape  of  Good  Hope.  On  the  way  she  fell  in  with 
the  Constitntion,  a  merchant-vessel  of  the  United  States,  laden  with 
coal.  "  We  filled  onr  vessel  with  coal  from  her,"  says  one  of  the  witnesses. 
In  a  few  days  after  that  she  entered  Simon's  Bay,  Cape  of  Good  Hope. 
There  she  staid  a  fortnight,  having  repairs  done  and  getting  more  coal. 
She  left  Simon's  Bay  on  the  29t]i  of  August.  It  is  not  probal)lo  that  the 
supi)ly  from  the  Constitution  was  exhausted  at  that  time.^  She  then 
worked  her  way  to  Cherbourg,  and  iii  a  short  time  .after  came  again  into 
the  i)ort  of  Liver])Ool.  Her  career  and  character  were  rapidly  but  forci- 
bly sketched  by  Thomas  Baring,  Esq.,  in  a  speech  in  the  House  of  Com- 
mons on  the  13th  of  May,  1804.  He  said  :  "At  the  time  of  her  depart- 
ure the  Georgia  was  registered  as  the  property  of  a  Liverpool  merchant, 
a  partner  of  the  firm  which  shipped  the  crew.  She  remained  the 
property  of  *this  person  until  the  23d  of  June,  when  the  register  [402] 
was  canceled,  he  notifying  the  Collector  of  her  sale  to  foreign 
owners.  During  this  period,  namely,  from  the  1st  of  April  to  the  23d  of 
June,  the  Georgia  being  still  registered  in  the  name  of  a  Liverpool 
merchant,  and  thus  his  property,  was  carrying  on  war  against  the 
United  States,  with  whom  we  were  in  alliance.  It  was  while  still  a  Brit- 
ish vessel  that  she  captured  and  burned  the  Dictator,  and  captured  and 
released,  under  bond,  the  Griswold,  the  same  vessel  which  Inul  brought 
corn  to  the  Lancashire  sulferers.  The  crew  of  the  Georgia  were  paid 
through  the  same  Liverpool  firm.  A  copy  of  an  advance  note  used  is  to 
be  found  in  the  Diplomatic  Correspondence.  Tlie  same  firm  continued 
to  a€t  in  this  capa(;ity  throughout  the  cruise  of  the  Georgia.  After 
(;ruising  in  the  Atlantic,  and  burning  and  bonding  a  number  of  vessels, 
the  Georgia  njade  for  Cherbourg,  where  she  arrived  on  the  28th  of  Octo- 
ter.  There  was,  at  the  time,  much  discontent  among  the  crew;  ^nany 
.leserted,  leave  of  absence  was  given  to  others,  and  their  wages  were 
paid  all  along  by  the  same  Liverpool  lirm.  In  order  to  get  the  Georgia 
to  sea  again,  the  Liverpool  firm  eulisted  in  Liverpool  some  twenty  sea- 
men, and  sent  them  to  Brest.  Tlie  Georgia  left  Cherbourg  on  a 
second  cruise,  but  liaving  no  success  she  returned  to  that  *port,  [403] 
and  thence  to  Liverpool,  where  her  crew  have  been  paid  olf  with- 
out any  concealment,  and  the  vessel  is  now  laid  up.  Here,  then,  is  the 
case  of  a  vessel,  clandestinely  built,  fraudulently  leaving  the  port  of  her 
consti'uction,  taking  Englishmen  on  board  as  her  crew,  and  vraging  war 
against  the  United  States,  an  ally  of  ours,  without  once  having  entered 
a  port  of  the  power  the  commission  of  whi(!h  she  bears,  but  being,  for 
some  time,  the  property  of  an  English  subject.  She  has  now  returned 
to  Liverpool — and  lias  returned,  1  am  told,  with  a  British  crow  on  board, 
who,  having  enlisted  in  war  against  an  ally  of  ours,  have  committed  a 
misdemeanor  in  the  sight  of  the  law."^ 
The  Attorney  General,  Sir  lloundell  Palmer,  replied  on  behalf  of  the 

listments  for  tlio  service  of  the  Unit<'(l  States.  {See  Vol.  IV,im(je  547,  and  Vol.  IV, page 
r)40.)  It  is  to  bo  observed,  too,  that  Mr.  Adiiuia  I'uriiisbed  Lord  Ku.S8(?]l  with  evidence 
to  sustain  r  prosecution  against  Ihillock.  {Mr.  Adams  t»  Earl  Umaell,  March  30,  1803, 
Vol,  III, -page  V.^Q.)  •    '    .  • 

'  See  tlie  aflid.avits  in  Vol.  II,  page  084,  ct  seq.  '  " 

'^  IlausuiU,  third  series,  Vol.  175,  pnge  407 ;  Vol.  V,  page  577.        •     ••  ' 


[400] 


or-    [401] 
liv- 

g  such  ol 
leaped  the 
en  to  the 
a.    From 
L'll  in  with 
uleu  with 
witnesses. 
Dod  Hope, 
more  coal. 
lo  that  the 
She  then 
again  into 
but  forci- 
se  of  Corn- 
ier depart- 
nierchant, 
the 

ster    [402] 
eigu 

the  23d  of 
Liverpool 
p;ainst  the 
still  a  Brit- 
ptured  and 
ad  brought 
I  were  paid 
.  used  is  to 
I  continued 
,_i.    After 
of  vessels, 
)th  of  Octo- 
lew ;  ^iiany 
wages  were 
;he  Georgia 
twenty  sea- 
on  a 

port,    [403] 
with- 

then,  is  the 
port  of  her 
v;aging  war 
ing  entered 
t  being,  for 
3W  returned 
)W  on  board, 
ommitted  a 


e 


half  of  the 

irt  roI.IVfPatje 
with  ovi'loiico 
March  30, 1803, 


THE   GEORGIA. 


161 


Government  to  this  speech.  Ho  did  not  seriously  dispute  the  facts  as 
stated  by  Mr.  Baring.  "  The  whole  of  the  honorable  gentleman's  argu- 
ment," he  said,  "  assumes  that  the  facts,  and  the  law  applicable  to  the 
facts,  are  substantiated,  that  wo  arc  in  a  position,  as  between  ourselves 
and  the  Confederates,  to  treat  the  matter  as  beyond  controversy,  and  to 
assume  that  the  Georgia  was,  in -fact,  fitted  out  in  violation  of  our  neu 
trality.  Now  we  may  have  very  strong  reason  to  suspect  this,  and 
[404]  may  even  believe  it  to  be  true ;  but  to  say  *that  we  are  to  act 
upon  strong  su8i)icion  or  belief  against  another  state,  upon  cer- 
tain facts  which  have  never  been  judicially  established,  and  wbich  it  is 
not  easy  to  bring  to  the  test  as  between  Government  and  Government, 
that  is  a  proposition  which  is  not  without  grave  consideration  to  be  ac- 
cepted." ^  lie  found  a  defense  for  the  irresolution  and  inactivity  of  the 
Government,  in  the  fact  that  the  United  States  were  unwilling  to  aban- 
don their  claims  for  compensation  for  the  losses  by  the  acts  of  the  Ala- 
bama. "I  have  no  hesitation,"  he  said,  "  in  saying  that  the  United 
States  by  advancing  such  demands,  and  by  seeking  to  make  our  Gov- 
eripnent  responsible  for  pecuniary  conipensation  for  prizes  taken  by  the 
Alabama  upon  the  high  seas,  and  never  brought  within  our  ports  or  in 
any  way  whatever  under  our  control,  are  making  demands  directly  con- 
trary to  the  principles  of  International  Law  laid  down  by  their  own 
jurists,  and  thereby  they  render  it  infinitely  more  difiicultfor  us  at  their 
request  to  do  anything  resting  on  our  own  discretion." ^ 

When  it  was  apparent  that  the  Georgia  was  to  be  allowed  to  remain 
in  Liverpool,  and  tliat  she  was  not  to  be  made  subject  to  the  rules  of 
January  31,  1802,  Mr.  Adams  addressed  a  note  to  Lord  Kussell 
[405]  in  which  he  said:  -^ I  learn  that  she  is  *about  to  remain  for  au 
indefinite  period,  the  men  having  been  discharged.  I  scarcely 
need  to  suggest  to  your  Lordship  that  it  has  become  a  matter  of  interest 
to  my  Government  to  learn  whether  this  vessel  assumes  the  right  to  re- 
main in  virtue  of  her  former  character,  or,  if  received  in  a  later  one, 
why  she  is  permitted  to  overstay  the  period  of  time  specified  by  the 
terms  of  Her  Majesty's  Proclamation.  *  *  i  cannot  but  infer,  from 
the  course  previously  adopted  toward  the  armed  vessels  of  the  United 
States,  that  any  such  ])roceeding,  if  taken  by  one  of  them,  would  have 
been  attended  by  an  early  request  from  your  Lordship  to  myself  for  an 
explanation."  ^ 

Having  received  no  answer  to  these  questions,  Mr.  Adams,  on  the 
7th  of  June,  1804,  informed  Lord  Russell  that  he  had  received  from  the 
Consul  of  the  United  States,  at  Liverpool,  information  that  a  transfer 
purporting  to  be  a  sale  had  been  made  of  the  Georgia  by  the  insur- 
gents or  their  agents  at  Liverpool,  and  on  behalf  of  the  Government  of 
the  United  States  he  "declhied  to  recognize  the  validity  of  the  sale."* 

While  Mr.  Adams  was  vainly  endeavoring  to  ascertain  from  Lord 
Ens  jell  whether  the  Georgia  entered  the  poit  of  Liverpool  as  a 
[400]    merchant-ship  *or  as  a  man-of-war,  that  vessel  went  into  dock  at 
Birkenhead  and  had  her  bottom  cleaned  and  her  engines  over- 
hauled.''   The  insurgent  agents  went  through  the  form  of  selling  her  to 
a  person  who  was  supposed  to  be  in  collusion  with  them.    All  this  was 


communicated 


Lord  Russell,  in  his 


VoL  VI,  page  543. 


l|i^ 


;1i 


j'f 


I 


r 


I ' 


m 


162 


INSURGENT   CRUISERS. 


reply  to  these  notes,  took  no  notice  of  Mr.  Adams's  protest  against  the 
validity  of  the  sale,  or  of  his  inquiries  as  to  the  cliaracter  the  vessel 
enjoyed  in  tfie  port  of  Liverpool.  Ho  said  that  the  evidence  failed  to 
satisfy  liiiu  that  the  steamer  Georgia  would  be  again  used  for  belligerent 
purposes ;  and  he  added  that,  "  with  a  view  to  prevent  the  recurrence 
of  any  question  such  as  that  wliich  has  arisen  in  the  case  of  the  Georgia, 
Her  Majesty's  Government  have  given  directions  that  in  future  no  ship 
of  war,  of  either  belligerent,  shall  be  allowed  to  bo  brought  into  any  of 
Iler  ;Ma  jesty's  ports  for  the  purpose  of  being  dismantled  or  sftld." ' 

This  terminated  the  discussion  on  the  questions  raised  by  Mr.  Adams. 
A  few  days  later,  the  career  of  the  Georgia  itself  was  terminated  by  its 
capture  by  the  United  States  vessel  of  war  Niagara. 

The  United  States  ask  the  Tribunal  of  Arbitration  to  also  cer- 
tify as  to  this  vessel,  that  Great  l>rit*ain  has,  by  its  acts  and ^  [407] 
omissions,  failed  to  fulfill  the  duties  set  forth  in  the  three  rules  of 
the  sixth  article  of  the  Treaty,  or  recognized  by  the  princi])les  of  Inter- 
national Law  not  inconsistent  with  such  rules.  Should  the  Tribunal 
exercise  the  power  conferred  upon  it  by  Article  VII  of  the  Treaty,  to 
award  a  sum  in  gross  to  be  paid  to  the  United  States,  they  ask  that,  in 
considering  the  amount  to  bo  awarded,  the  losses  of  the  United  States 
and  of  individuals,  and  the  expense  to  which  the  United  States  were  put 
in  the  pursuit  and  capture  of  the  Georgia,  may  bo  taken  into  account. 

They  ask  this,  in  addition  to  the  general  reasons  already  assigned,  for 
the  following  reasons  applicable  to  this  yiarticular  vessel : 

1.  That,  though  nominally  cruising  under  the  insurgent  flag,  and  under 
the  direction  of  an  insurg(int  ofticer,  the  Georgia  was  essentially  a  Urit- 
ish  vessel.  The  evidence  on  this  i)oint  cannot  be  better  stated  thaii  in 
the  words  to  which  jMr.  Thouuis  Baring  gave  the  great  weight  of  his 
name  in  the  House  of  Conunons.  When  she  returned  to  Liverpool,  in 
]\lay,  1804,  she  was  received  as  a  British  vessel.  Mr.  Adams's  inquiries 
of  Earl  Bussell  failed  to  elicit  a  response  that  she  was  not.  No  steps 
were  taken  against,  her  or  agauist  the  parties  concerned  in  fitting  her 
out,  equipping  and  arming  her,  or  against  any  one  concerned  in 

the  destruction  of  the  *comuierce  of  tlie  United  States,  with  the  [408] 
exception  of  the  proceedings  as  to  enlistments.  The  United  ^States 
insist  that  by  reason  of  the  origin  aiid  history  of  the  vessel,  and  by  rea- 
son of  this  negligence  of  Her  ^Majesty's  Government,  Great  Britain 
became  justly  liable  to  the  United  States  for  the  injuries  done  by  this 
vessel. 

2.  Great  Britain  did  not  use  due  diligence  to  prevent  the  fitting  out 
aud  e<iuippiiig  of  the  Georgia  within  its  jurisdiction.  It  was  notorious 
that  she  was  being  constructed  for  use  uud(!r  the  insurgent  flag.  (See 
the  extract  from  the  News,  and  Underwood's  dispatch.)  Her  fittings  were 
of  such  a  nature  and  character  as  to  have  afibrded  of  themselves  a  I'ea- 
sonable  ground  to  believe  that  she  was  intended  to  cruise  or  to  carry  on 
war;  and  her  destination  rendered  it  certain  that  that  war  was  to  be 
carried  on  against  the  United  States.  It  was  therefore  the  duty  of 
Great  Britain  to  prevent  her  departure  from  the  Clyde. 

3.  It  was  the  duty  of  Her  Majesty's  Government,  on  the  receipt  of 
Mr.  Adams's  note  of  the  8tli  of  April,  to  take  the  most  eflectual  measures 
which  the  law  admitted  offer  defeating  the  attempt  to  lit  out  the  Georgia 
from  a  British  port.  Lord  Eussell  admitted  this  measure  of  duty  in  his  reply 
to  Mr.  Adams's  note.  The  most  eflectual,  and  in  fact  the  only  eflect- 
ual remedy,  was  not  *  taken,  so  far  as  known  to  the  United  States.    [409] 

>  Earl  Russell  to  Mr.  Adams,  Vol.  II,  page  719 ;  Vol.  VI,  page  550. 


[410] 


THE   TALLAHASSEE. 


163 


gainst  tlie 
tAie  vessel 
le  failed  to 
jolligerent 
recurrence 
e  Georgia, 
ire  no  ship 
into  any  of 
Did."! 
Ir.  Adams, 
ated  by  its 

and  c  [407] 
esof 

es  of  Inter- 
le  Tribunal 
i  Treaty,  to 
ask  that,  in 
lited  States 
;e8  \vere  put 
ito  account, 
.ssigned,  for 

X,  and  uuder 
iivUy  a  JBrit- 
ited  thaii  in 
eight  of  bis 
jiverpool,  in 
s's  inquiries 
t.  No  steps 
u  fitting  ber 
\ed  in 

btbe    [408] 

States 

and  by  rea- 

eat  Britain 

done  by  tbis 

le  fitting  out 
as  notorious 
flag.  (ISee 
fittings  ^vcre 
selves  a  rea- 
to  carry  on 
ar  was  to  be 
tbe  duty  of 

lie  receipt  of 
ual  measures 

tbe  Georgia 
by  in  bis  reply 

effect- 

tates.    [409] 

550. 


Vessels  of  war  dispatched  from  Plymouth  and  Portsmouth,  immediately 
on  the  receipt  of  Mr.  Adams's  note,  into  the  waters  .about  r>re.st  anil 
the  Channel  Islands,  would  have  afforded  a  complete  remedy.  This 
Avas  a  measure  sanctioned  by  British  precedent  and  by  British  la« . 
\Sce  tJic  Tcrceira  case,  above  cited.]  The  failure;  to  adopt  that  "effectual 
nunisure,"  ttiken  in  connection  with  the  original  fitting  out  and  efpiip- 
])ing  of  the  Georgia,  in  the  Clyde,  and  with  the  arming  her  through  the 
Alar,  at  Newhaven,  constitute  a  violation  of  the  duties  of  Great  Britain 
as  a  neutral  toward  the  United  States,  whic^h  entails  upon  it  the  obliga- 
tion to  make  full  compensation  for  the  injuries  caused  by  the  acts  of  the 
Georgia. 

4.  When  the  Georgia  arrived  at  Capo  Town,  Great  Britain  failed  to 
detain  her.  Tliis  was  a  violation  of  the  duties  of  a  neutral  as  set  iovih 
in  thqpsecond  clause  of  the  first  rule  of  the  Treaty  of  Washington. 


The  Tallahnssfc  or 
Oluslcf. 


THE  TALLAHASSEE,  OE  THE  OLUSTEE. 

The  Tallahassee  was  "  a  British  steajuer  fitted  out  from  London  to  play 
the  ]iart  of  a  privateer  out  of  ^Vilmington."^    She  was 
[410]    originally  called  the  •*Atlanta,'^   Under  that  name  she 

arrived  in  Bermuda  from  England  on  the  18th  day  of  April,  1804. 
She  made  two  trips  as  a  blockade-rumier  between  there  and  Wilmington, 
and  then  went  out  for  a  cruise  as  a  vessel  of  war.  Her  captures  were 
])rincipal1y  made  under  the  name  of  the  Tallabasseo.  Some  were  made 
under  the  nameof  theOlustee.  Itis  not  quite  clear  whether  she  made  two 
trips,  one  under  each  name,  or  whether  the  name  was  changed  in  one 
trij),  in  order  to  blind  the  jmrsuers.^  On  the  19th  of  August,  1804,  slie 
arrived  in  Halifiix,  after  desti'oying  several  vessels  near  Ca])e  Sable. 
The  Consul  of  the  United  States  at  Halifax  reported  her  as  "  about  six 
linndred  tons  burden,"  "an  iron  double-screw  steamer,"  having  "alxrat 
one  hundred  and  twenty  men.'"*  He  also  said  that  the  insurgents  hail 
established  a  coal  depot  there.  On  arrival,  the  officer  in  command 
oailed  upon  the  Admiral  and  Lieutenant  Governor.  He  gives  the  fol- 
lowing account  of  what  took  jthice :  "  My  reception  by  the  first  [the 
Admiral]  was  very  cold  and  inicivil;  that  of  the  Governor  less  so.  1 
stated  that  I  was  in  want  of  coal,  and  that  as  soon  as  I  could  fill  up  I 
would  go  to  sea;  that  it  would  take  from  two  to  three  days.  No 
[411]  objection  was  made  at  the  *time — if  there  had  been  I  was  pre- 
pared to  demand  forty-eight  hours  for  repairs.  The  Govern.or 
asked  me  to  call  next  day,  and  let  him  know  how  I  was  progressing, 
and  when  1  would  leave.  I  did  so,  and  then  was  told  that  he  Avas  sur- 
prised that  1  was  still  in  port ;  that  we  must  leave  at  once ;  that  we 
(;ould  leave  the  harbor  with  oidy  one  hundred  tons  of  coal  on  board.  I 
l>rotested  against  this,  as  being  utterly  insufiicient.  He  replied  that 
the  Admiral  had  re]iort.ed  that  quantity  sufficient  (and  in  such  matters 
lie  nuiSt  be  governed  by  his  statement)  to  run  the  ship  to  W^ilmington. 
The  Admiral  had  obtained  this  information  by  sending  on  board  three 
of  his  officers,  ostensibly  to  look  at  our  machinery  and  the  twin-screw, 
a  new  system,  but  really  to  ascertain  the  quantity  of  coal  on  hoard,  that 
hnrned  daily,  dtc.    #    •    I  am  under  many  obligations  to  our  agent,  Mr. 

'  Mr.  Adams  to  E.arl  Russell,  Vol.  I,  pago  709 :  Sco  "Vol.  VI,  pr   e  728. 

-  Morse  to  Seward,  Vol.  VJ,  page  727.  . 

3  Borcliam's  nflidavit,  Vol.  VI,  page  732. 

*  Mr.  Jackson  to  Mr.  Soward,  lytb  August,  1864,  Vd.  VI,  pago  728. 


r  : 


f 


r 


1G4 


INSURGENT   CRUISERS. 


Weir,  for  transacting  our  business,  and  through  his  management  about 
one  hundred  and  twenty  tons  of  coal  were  put  aboard  instead  of  half 
that  quantity.  *  *  Had  I  procured  the  coal  needed  I  intended  to  have 
struck  the  coast  at  the  capes  of  the  Delaware,  and  followed  it  down 
to  Cape  Fear,  but  I  had  only  coal  enough  to  reach  Wilmington  on  the 
night  of  the  25th."i 

Had  the  British  authorities  at  Nassau,  Bermuda,  *Barbadoes,  [412] 
Cai)e  Town,  Melbourne,  and  other  colonial  ])ort8,  pursued  the 
same  course  that  the  Lieutenant  Governor  at  Halifax  did,  under  the 
Avise  advice  of  the  Admii-al,  the  grievances  of  the  United  States  would 
have  been  much  less,  and  this  case  would  have  been  shorter  by  many 
l)ages.  The  first  time  that  the  rule  of  January  31st,  1802,  as  to  the  sup- 
ply of  coal,  was  fairly  carried  out,  the  operations  of  the  insurgent  cruiser, 
to  which  it  was  applied,  were  arrested  on  the  spot,  and  the  vesf^l  was 
obliged  to  run  for  a  home  port. 

The  Tallahassee  apparently  remained  in  Wilmington  for  some  months. 
On  the  13th  of  January,  18(55,  she  arrived  in  B(;rnnula  again,  under  the 
name  of  the  Chameleon.  On  the  19th  she  sailed  again,  taking  a  cargo 
to  Liverpool,  where  at  the  close  of  the  war  she  was  claimed  by  the  United 
States. 

From  the  fact  that  she  was  fitted  out  in  London  to  be  used  as  a  pri- 
vateer liom  Wilmington,  and  that  she  did  go  out- from  Wilmington  with 
what  purported  to  be  a  commission  from  the  insurgent  authorities,  and 
did  prey  upon  the  commerce  of  the  United  States,  and  for  the  reasons 
already  given,  the  United  States  ask  the  Tribunal  to  And  and  certify 
as  to  this  vessel  as  they  have  been  asked  to  llnd  and  certify  as  to 
the  Sumter  and  the  Nashville,  the  Florida  and  the  Alabama,  and  the 
Georgia. 


*THE  CHICEAMAUGA. 


[413] 


The  Cbickainauga. 


Among  the  new  British-built  blockade-runners  reported  by  the  United 
States  Consul  at  Liverpool  on  the  5th  of  March,  1804,  was 
"  the  Edith,  new  double-^  jrew ;  two  pole-masts;  forecastle 
raised  one  foot  higher  than  bulwark  ;  two  funnels ;  marked  to  draw  nine 
feet  forward  and  ten  aft;  no  figure-head."'^  She  arrived  at  Bermuda 
from  England,  on  the  7th  day  of  April,  1804,,  On  the  23d  of  the  follow- 
ing June  she  sailed  for  Wilmington,  and  on  the  7tli  of  the  next  July 
arrived  from  there  witli  cotton.  On  the  23d  of  July  she  again  went  to 
Wilmington. 

The  Edith  was  one  of  that  class  of  blockade-runners,  like  the  Talla- 
hassee, which  was  owned  by  the  insurgent  authorities.  In  the  year  1804 
other  parties  as  well  as  the  insurgent  authorities  were  largely  engaged 
in  the  business  of  running  cotton  out  of  the  blockaded  ports.  Thus, 
in  the  quarter  in  which  the  Edith  left  Liverpool,  34,754  bales  of  cotton 
were  imported  into  Liverpool  from  the  Southern  States,  via  Bermuda, 
Nassau,  Havana,  and  Matamoras,  of  which  only  7,874  were  consigned  to 
Fraser,  Trenholm  &  Co."'  The  Edith,  however,  was  a  vessel  be- 
longing to  the  *so-called  government  at  liichmond,  and,  being  [414] 
found  to  be  fast,  and  adapt^id  for  the  sort  of  war  that  was  carried 


'  Wood  to  Mallory,  Jlst  August,  1^«54,  Vol.  VI,  p.ige  729. 

-  ManiiscriptH  in  Departinoiit  of  State ;  see  Vol.  Yl,  pages  723-4-5. 

3  Dudley  to  Sewaitl,  1st  April,  18G4.    Ouly  697  balua  camo  by  woy  of  Havana. 


ment  about 
;ea(l  of  linlf 
(led  to  liavo 
red  it  down 
gton  on  the 

does,  [412] 
il  the 

lI,  under  the 
states  would 
ter  by  many 
s  to  the  sui)- 
gent  cruiser, 
e  ves|pl  was 

ome  mouths, 
u,  uuder  the 

kius  '^  <''S"'«*' 
>y  the  United 

ised  as  a  pri- 
luingtou  with 
tliorities,  aud 
V  tbc  reasons 
id  aiul  certify 
certify  as  to 
ama,  aud  the 


[413] 

by  tbfc  United 
rcb,  1804,  was 
its;  t'oret;aatle 
I  to  draw  nine 
I  at  Bermuda 
of  the  foUow- 
tbe  next  July 
again  weut  to 

like  the  Talla- 
1  the  year  1804 
►rgftly  engaged 

ports.  Thus, 
jales  of  cotton 
,  via  Bermuda, 
:e  consigned  to 
essel  be- 
d,  being   [414] 

carried 


THE   SHENANDOAH. 


165 


on  against  the  commerce  of  the  United  States,  it  was  determined  to  put 
her  in  commission  as  a  man-of-war. 

The  attention  6f  the  Tribunal  of  Arbitration  is  invited  to  the  facile 
mantier  in  which  these  vessels  were  permitted  to  adapt  themselves  to 
circumstances.  The  Sumter  cruised  as  a  man-of-war,  and  received  hos- 
pitalities as  such.  She  was  allowed  to  change  her  character  in  a  British 
port,  and  then  to  sail  under  the  British  tiagas  a  blockade-runner,  owned 
and  operated  by  the  insurgents.  The  same  thing  would  undoubtedly 
have  been  done  with  the  Georgia  had  she  not  been  captured  by  the 
Niagara*  The  Atlanta  started  lier  career  as  a  blockade-runner,  owned 
by  the  insurgents;  she  was  converted  into  a  man-of-war  under  the  naino 
of  the  Tallahassee.  When  unable  to  pursue  further  her  work  of  destruc- 
tion, she  became  again  a  carrier  for  the  benefit  of  the  insurgents,  and 
was  accepted  by  Great  Britain  in  her  new  character.  The  Edith  was 
now  to  go  through  similar  transformations. 

On  the  17th  of  September  she  was  in  commission  as  a  man  of -war. 
Between  that  date  and  the  2Sth  of  October  she  took  on  board  large 
[415]  supplies  of  eoal  from  blockade-runners.  On  the  28th  *of  October , 
having  waited  for  a  month  for  a  night  dark  enough  to  run  the 
blockade,  she  put  to  sea  from  Wilmington,  and  ran  northward  toward 
Long  Island.  On  the  30th  she  destroyed  the  bark  Mark  L.  Potter,  of 
Bangor,  Maine;  on  the  31st,  the  Emily  L.  ITall,  the  Shooting  Star,  the 
Goodspeed,  and  the  Otter  Roch,  «all  vessels  under  the  flag  of  the  United 
States;  on  the  2d  of  November,  the  \jark  Speedwell,  also  a  vessel  of 
the  United  States ;  aud  on  the  7th  of  November  she  reached  Bernuida. 
On  the  8th  of  November  she  was  allowed  to  come  into  the  harbor,  and 
permission  was  given  for  a  stay  of  five  days  for  repairs,  and  also  to  take 
on  board  twenty-flve  tons  of  coal,  although  she  had  at  that  time  one 
hundred  tons  in  her  bunkers.  She  actually  staid  seven  days,  and  took 
on  board  eighty- two  tons.^  On  the  15th  of  November  she  sailed  from 
Bermuda,  and  on  the  10th  arrived  at  Wilmington. 

For  the  reason  already  given  the  United  States  ask  the  Tribunal,  as 
to  this  vessel,  to  find  and  certify  as  they  have  been  asked  to  find  and 
certify  as  to  the  Sumter,  the  Nashville,  the  Florida,  the  Alabama,  the 
Georgia,  and  the  Tallahassee.  , 


[416] 


•THE  SHENANDOAH. 


The  Shcnaniloah. 


y  of  Havana. 


The  British  steamer  Sea  King,  a  merchant- vessel  which  had  belonged 
to  a  Bombay  Company,  and  had  been  employed  in  the  East 
India  trade,^  was  "  a  long  rakish  vessel  of  seven  hundred 
ind  ninety  tons  register,  with  an  auxiliary  engine  of  two  hundred  and 
twenty  nominal  horse -power,  with  which  she  was  capjible  of  fSteaining 
ten  knots  au  hour.  She  was  the  handiwork  of  celebi'ated  builders  on 
the  river  Clyde,  in  Scotland,  and  had  made  one  voyage  to  New  Zealand 
as  a  transport  for  British  troops,  when  she  proved  herself  one  of  the 
fastest  vessels  afloat,  her  log  showing  at  times  over  three  hundred  aud 
twenty  miles  in  twenty-four  hours.'" 

In  the  year  18(53,  before  the  voyage  to  New  Zealand,  Mr.  Dudley  hiul 
seen  her  at  Glasgow,  and  had  reported  her  as  a  most  likely  steamer  'for 
the  purposes  of  a  privateer.* 

•  MunuBeiipt  dairy  m  tlio  Departnieut  of  State. 
"Bernards  British  Neixtoalty,  page  359.  loih.ly'  y;  !.<v.,v' 

"Cruise  ff  the  Shenandoah,  page  9.  '  "    \      ' .,  , 

^Dudley  to  Seward  aud  Morse  to  Seward,  Vol.  VI,  page  555.    ' . 


166 


INSURGENT   CRUISEES. 


On  tlio  2()tli  Septoiiilu'i',  in  the  year  18(i4,  slie  was  sold  in  London  to 
Ikicliiivd  Wi'ijilit,  of  Liverpool,  a  Mritish  snl)j('('t,  and  tlie  latlier-in-law 
of  'My.  I'riolean,  of  South  Carolina,  the  nianayiiifj  partner  in  the  house 
of  Fraser,  Trenholni  «S:  Co.,'  and  the  transfer  was  rej^istered  the 
same  day. 

*The  United  States  assert  that  the  notorious  connection  of  the  [-117] 
linn  of  Fraser,  Trenliolin  tS:  Co.  with  the  insurgents,  and  their  re- 
]ieated  violations  of  the  soverei.iiiity  of  (ireat  Britain  in  i)ur(!hasin,c:,  con- 
struetins',  equii)pinf>-,  arniin;^',  and  contracting'  for  vessels  of  war  to  be 
used  in  carrying-  on  hostilities  apiinst  the  United  States,  onj^hf  by  that 
time  to  have  made  theni  objects  of  sus])icion  to  every  British  oillcial,  con- 
nected with  the  construction  of  the  transfer  of  steamers  capable  of  bein.n' 
adai)ted  to  Avarlike  use.  The  ac<inisition,  by  a  near  connection  of  a 
nu-mber  of  their  Jirni,  of  a  fastjioinj;-  steamer,  ca])able  of  beinj>'  so  con- 
verted, and  the  ])roposition  to  send  her  to  sea  in  ballast,  with  nothing; 
<!U  board  but  two  nu)unted  k'^^s  and,  a  su])i»ly  of  i)rovisions  and  coal, 
ouyht  of  itself  to  have  attracted  the  attention  of  the  ]Jritish  ollicials. 
The  omission  to  take  notice  of  tlu^  fact  is  a  proof  of  want  of  the  due  dili- 
gence required  by  the  Treaty.  Under  the  circumstances,  it  would  have 
been  the  exercise  of  but  the  most  ordinary  dilijience  to  supervise  the 
translers  «>f  this  class  of  vessels  in  the  (Jovernment  records,  and  to  fol- 
low uj)  so  i)alpable  a  clew  as  was  j;;:iven  in  the  case  of  the  Sea  King'. 

On  the  7th  of  October,  Wriji'ht  gave  a  power  of  attorney  to  one  Cor- 
bett  to  "  sell  her  at  any  time  ■\vilhin  six  months  lor  a  sunt  not  less 
than  £4r),0()0  *sterliufi'."^    Corbett  was  an  En<;'lfHhman  who  had    [41S] 
commanded  the  Donjjlas,  atterward  known  as  the  IVIargaret  aiul 
Jessie,  one  of  the  kaleidoscopic  blockade-runners  owned  by  the  insur- 
gents and  carrying  the  British  flag. 

The  next  day  the  Sea  King  cleared  for  Bombay,  and  sailed  ''with  a 
crew  of  forty-seven  men."''  Before  sailing,  while  she  "  lay  in  the  basin," 
she  "  took  in  coal  and  provisions  sutlicient  for  a  twelve-months' cruise.'" 
She  "  had  two  18-pounders  mounted  on  the  decks,"'  which  were  the  guns 
generally  used  in  bringing  vessels  to.'*  "  S\m  was  scarcely  clear  of  the 
ground  when  a  telegram  was  Hashed  to  Liver])ool,  advising  the  Confed- 
erate agent  at  that  i)ort"  that  she  had  sailed;"  and  about  >S  or  9  o'clock 
that  evening  a  screw-steamer,  called  the  Laurel,  "nearly  new-built,  very 
strong,  and  admirably  adapted  for  a  privateer,""  left  Liverpool,  clearing 
lor  Matamoras,  via  Kassau,  taking  a  "  score  or  more  of  natives  of  the 
South,  who  had  staked  life  and  fortune  on  the  hazard  of  a  desperate 
game,"  among  whom  were  "  several  old  Confederate  States  uavy 
otticers,  who  had  served  on  board  the  Sumter,  *Alabama,  and  [419] 
(jeorgia.''"  The  Laurel  took  out  as  cargo  "cases  marked  as 
machinery,  but  in  reality  contained  guns  and  gun-carriages,  such  as  are 
used  in  war  vessels.''^  Mr.  Dudley,  the  Consul  at  Liverpool,  from  the 
lunnber  of  guns  and  the  number  of  men,  drew  the  correct  conclusion 
that  they  were  shipped  in  order  to  be  transferred  to  some  other  vessel.''' 
The  officers  in  Her  Majesty's  service,  by  the  exercise  of  due  diligence, 

'  Dudley  to  Sowiii'd,  Vol.  Ill,  pugo  31'J  ;  Vol.  VI,  page  CGO. 
2  Diulley  to  Sowui'd,  Vol.  Ill,  page  3Ii». 
.  3  Dudley  to  Seward,  Vol.  Ill,  pago  lUy ;  Vol.  VI,  page  560. 

■•  Cruise  of  tbo  Sluuiaiuloah,  pago  10.  ;  , 

'Teniplo's  affidavit,  Vol.  Ill,  page  478 ;  Vol.  VI,  pago  709. 

6  Cruise  of  tho  Slicuandoali,  pago  11. 

T Dudley  to  Adams,  Vol.  Ill,  page  316;  Vol.  VI,  pago  556. 

8  Cruise  of  the  Sheuandoah,  page  Hi,    Sec  also  Vol.  Ill,  pago  318. 

«  Dudley  to  Sewanl,  Vol.  Ill,  pago  317 ;  Vol.  VI,  pago  S.'iO. 

'"Dudley  to  Seward,  Vol.  Ill,  page  318;  Vol.  VI,  pago  557. 


THE    SHENANDOAH. 


167 


I  London  to 
itlior-in-law 

II  the  house 
istereil  the 


[417] 


f  the 
ii-  re- 
hiisiiig:,  coii- 
■  wixr  to  be 
j^hf  by  that 
Dilicial,  eon- 
We  of  beiiiy 
lection  of  a 
eiii{>;  HO  con- 
ith  nothing;' 
lis  and  coal, 
ish  ollieials. 
the  due  dili- 
would  have 
ipervise  the 
I,  and  to  fol- 
a  Kiuft-. 
to  one  Coi'- 
it  less 

I)  had    [41S] 
■t  and 
)y  the  nisur- 

led  "with  a 
1  the  basin," 
ths' cruise."^ 
ere  the  guns 
clear  of  the 
the  Confed- 

or  9  o'clock 
k'-bnilt,  very 
ool,  clearing 
itives  of  the 

a  desperate 

navy 

,  and    [410] 

lid  as 

such  as  are 
lol,  from  the 
t  conclusion 
ther  vessel.''' 
ue  diligence, 


JO  318. 


might  have  arrived  at  the  sahie  conclusion,  and  might  have  detained 
both  ships. 

The  appointed  place  of  meeting  was  the  harbor  of  Funehal,  in  the 
island  of  IMadeira.  The  Laurel  arrived  there  two  days  in  advance  of 
the  Sea  King.'  The  latter  vessel  had  enlisted  its  crew  '•  for  a  voyage 
to  Bombay  or  any  ])ort  of  the  Indian  Ocean,  China  Seas,  or  Jajian,  for 
a  term  not  to  exceed  two  years.'"  She  "  went  down  the  Eiiglisli  Chan- 
nel under  steam  and  sail,  and  when  oil"  Land's  Knd  she  was  put  nuder 
reefed  canvas,"  and  so  continue'  to  IMadeira.     Siie  was  fully  riggeil  for 

sailing,  and  her  steam  vtus  intended  only  as  an  aiixiliarv. 
[420]  The  Sea  King  arrived  off  Funehal  the  night  of  *the  I'otli.^  The 
Laurel,  on  the  morning  of  the  20tli,  came  out  to  meet  her,  "  with 
a  full  head  of  steaui  on ;"  signaled  her  to  round  the  JJeseitas,  a  barren 
rocky  island  lying  near  ]\Iadeira ;  and  proceeded  to  the  place  of  ren- 
dezvous, the  Sea  King  following  in  the  waKe.' 

"  Tackles  were  at  once  got  aloft  on  both  vessels,  and  they  commenced 
operations  by  lirst  transferring  from  the  Laurel  to  the  Sea  King  the 
heavy  guns."  "At  the  expiration  of  thirty-six  hours  the  transler  was 
etlected,  ami  the  munitions  of  war,  clothing,  and  stores,  with  whi(!h  the 
Laurel  had  been  laden,  w<>re  [tiled  in  utter  confusion  on  the  decks  and 
in  the  hold  of  the  Sea  King,  which  was  to  l)ear  that  name  no  more."' 
They  "  took  in  from  the  Laurel  eight  cannon,  viz,  six  large  and  two 
small,  Avitli  their  carriages,  (the  guns  were  called  68-])ounders  ;)  a  quan- 
tity of  powder,  muskets,  jtistols,  shot  and  shell ;  clothing,  and  a  quan- 
lity  of  other  stores,  and  also  a  quantity  of  coals.'"" 

Corbett  then  came  forward  and  announced  a  pretended  sale  of  the 
vessel,  (the  real  sale  having  taken  place  in  London,)  and  tried  to  induce 
the  men  who  had  enlisted  to  sail  in  the  tien  King  to  continue 
[421]  their  contract  in  the  Shenandoah.  The  *coiidnct  of  this  jiersou 
was  so  palpably  a  vit)lation  of  the  Foreign  Enlistment  Act  that 
iue  British  Consul  at  Funehal  sent  him  home  as  a  prisoner,  accom- 
panied by  depositions  to  i)rove  his  guilt.^  Captain  Waddell,  the  new 
commander  in  the  place  of  Corbett,  made  a  speech,  "which  was  receiv- 
ed with  but  little  enthusiasm  from  the  majority  of  those  who  listened 
to  him.""  "  Out  of  eighty  twenty-three  only  cast  in  tiieir  lots  with  the 
new  cruiser.'"*  When  the  Shenandoah  lelt  the  Laurel  her  "  oilicers  and 
crew  only  numbered  I'oity-two  souls,  less  than  half  her  regular  comple- 
ment."'"   This  obliged  her  "  to  depend  upon  her  auxiliary  engine." 

When  the  news  of  these  proceedings  was  iully  known  in  I^oikIou,  Mr. 
Adams  brought  the  subject  to  the  notice  of  Earl  IJussell.''  in  a  subse- 
quent note  he  releri-ed  to  this  fact  in  the  following  language  :'* 

"On  the  18th  of  November,  ]SG4, 1  had  the  honor  to  transmit  to 

your  Lordship  certain  evidence  which  went  to  show  that  on  the  Sth  of 

October  preceding  a  steamer  had  been  dispatched,  under  the 

[422]    British  flag,  from  London,  called  the  *Sea  King,  with  a  view  to 

'  Cniiso  of  the  Shciiantloali,  pago  19. 

2  Ellison's  iitlidavit,  Vol.  Ill,  paso  359  ;  Vol.  VI,  pa^o  580.  :        ,    ' 

^  Harris's  attidavit,  Vol.  Ill,  pa<fo  'A63 ;  Vol.  VI,  page  584. 
■•  Cruise  of  tilt',  Sbenamloali,  pajjcs  19,  20.  ' 

f'  Criiise  of  the  Slicnaiuloali,  pajjc  21. 

8  Vol.  HI,  page  363 ;  Vol.  VI,  page  580.    See  also  the  other  offidavite  which  foUow 
this. 
T  Vol.  VI,  page  575J.  ■  -'  •  ■  "•  '      "  * 

*  Ci'iiiue  «f  the  Shenandoah,  page  22.  j  ,  .,    i.  .j  ,.        ::.!!'•! 

"  Cruise  of  the  Slicnandoah,  page  23.  '!;  ,^. .'',:-  ••^'i'  ''     "      '' 

'° Cruise  of  the  Shenandoah,  page 24.  iiJUi  w^,'.  ■:  •    >    .     .    > 

•'  Adams  to  Russell,  Vol.  Ill,  page  3^3  •   '      'J  '  "^    •         '  ' ' 

1* Same  to  snme,  Vol.  Ill,  page  377.       •^.•;«i  iu  , 'o/ .i,>i,r;  .j '>.•.-  vi     u.L- 


i!  V 


I 

ill 


««*; 

,  ••*,! 

;)•■ 


if 


k, 


168 


INSURGENT   CRUISERS. 


luoet  another  stoainor,  callod  tlio  Laurel,  likewiHO  bonriiiff  tliat  flagf, 
(lispatclied  from  LiverixM)!  on  the  Dth  of  tho  saiiio  month,  at  soino 
l)oiiit  near  the  ishiiul  of  Ma«leini.  These  vessels  were  at  tho  time  of 
sailiiif,'  eijviipiied  and  manned  hy  Ihitish  subjects;  yet  they  weie  sent 
out  with  arms,  munitions  of  war,  supplies,  oliieera,  aiul  enlisted  men, 
for  the  i)urp(is(^  of  initiatin;?  a  hostile  enterprise  to  tlie  people  of  the 
United  States,  with  whom  Great  Britain  was  at  the  time  under  solemn 
oblij^ations  to  preserve  the  peace. 

"  It  further  appears  that,  on  or  about  the  18th  of  tho  same  nuuith, 
these  vessels  met  at  the  place  a<jfreed  upon,  and  there  the  British  com- 
mander of  the  Sea  Kiii};  made  a  i)rivate  transfer  of  the  vessel  to  a 
l)erson  of  whom  he  then  declared  to  the  crew  his  knowledfje  that  he  was 
about  to  embark  on  an  expedition  of  the  kiml  described.  Thus  knowinj;" 
its  luiture,  he  nevertheless  went  on  to  ur{;e  these  seamen,  being  British 
subjects  themselves,  to  enlist  as  nuMubers  of  it. 

"  It  is  also  clear  tliat  a  transfer  then  took  place  from  the  British  bark 
Laurel  of  the  arms  of  every  kiml  with  which  she  was  laden,  lor  thjs 
same  obj(»ct ;  and  lastly,  of  a  number  of  persons,  some  calling  them- 
selves ohicers,  who  had  l)een  broujjht  from  Liverpool  exi>ressly 
to  take  part  in  the  enter*prise.  Of  these  last  a  considerable  [■12oj 
portion  consisted  of  the  very  same  persous,  many  of  them  British 
subjects,  who  had  be<!n  rescued  from  the  waves  by  British  intervention 
at  the  moment  when  they  had  surrendered  from  the  sinkiujj  Alabama, 
the  jirevious  history  of  which  is  but  too  well  known  to  your  Lordship. 

"  Thus  ecjuipped,  fitted  out,  and  armed  from  Great  Britain,  tho  suc- 
cessor to  the  destroyed  corsair,  now  assumuig  the  name  of  the  Shenan- 
doah, though  in  no  other  respects  changing  its  British  character, 
addressed  itself  at  once  to  the  work  for  which  it  had  been  intended. 
At  no  time  in  her  later  career  has  she  ever  reached  a  port  of  the  country 
which  her  commander  has  i)retended  to  represent.  At  no  instance  has 
she  earned  any  national  characteristic  other  than  that  with  which  she 
started  from  Great  Britain.  She  has  thus  far  roamed  over  the  ocean, 
receiving  her  sole  protection  against  the  consequences  of  the  most 
piratical  acts  from  the  gift  of  a  nominal  title  which  Great  Britain  lirst 
bestowed  upon  her  contrivers,  and  then  recognized  as  legitiuuiting  their 
successful  fraud.*' 

It  is  not  necessary  to  follow  in  detail  the  cruise  of  tho  Shenandoah 
from  Madeira  to  Melbourne.    It  is  enough  to  say  that  it  lasted 
ninety  days,*  *during  which  time  several  vessels  of  the  merchant    f'12-lj 
marine  of   the   United   States  were  destroyed,   with  valuable 
cargoes.    On  the  •2otli  of  January,   ISfi.'),  she  "  dropped  anchor  off 
Sandridge,  a  sni'tll  town  about  two  miles  from  Melbourne."^ 

"  The  November  mail  from  Europe,  which  arrived  at  Melb«urne  about 
the  middle  of  January,  had  brought  the  news  that  the  Sea  King  had 
left  England  with  the  intention  of  being  converted  into  a  war  vessel  to 
cruise  against  the  commerce  of  the  United  States."^  Suspicions  were 
at  once  aroused  that  the  newly -arrived  man-of-war  under  the  insurgent 
Hag  was  no  other  than  the  Sea  King ;  suspicions  which  were  conhrmed 
by  the  statements  of  the  prisoners  from  the  captured  vessels,  and  by 
others.* 


Iii.. 

1    "  i 

'!     ,; 

ii 

i 

'  Cruise  of  tho  Slicnamloali,  page  93. 

^Cruise  of  tlie  Blicnaiiiloah,  iiaj^o  91. 

3  lilaiicliaid  to  Seward,  Vol.  Ill,  page  384;  Vol.  VI,  page  588, 

*  Sec  depositions  iu  Vol.  Ill,  on  i)ages  399,  401,  402,  405,  407,  and  417.  Tho  samo 
depositions  may  bo  found  in  Vol.  VI.  This  point  appears  to  have  been  settled  beyoud 
doub£.    Sec  extract  from  Melbouruc  Hcruld,  VoL  VI,  page  050. 


tliat  flnfj, 

at  soiiiii 

a  time  of 

wi'ie  sent 

Stl'd    IIK'II, 

»lo  oC  thy 
ei'  Hok'iiiii 

no  niontli, 
itish  coiu- 
t'S.sol  to  a 
lilt  ho  was 
knowiiiH;" 
X  liritish 


itisli  bark 
n,  lor  thjn 
liny  them- 

>«slv 

iblo    [42yj 

tit^h 

tervontioii 

Alabama, 
jordship. 
n,  tlio  suc- 
10  Shenan- 
character, 

intended, 
he  country 
stance  has 
which  she 
the  ocean, 

the  most 
iritain  lirst 
ating  their 

lienaudoaU 

sted 

jant    [42-1] 

able 

anchor  otf 

iirne  about 
,  Kiiij^  had 
r  vessel  to 
cions  were 
s  insur{>;ent 
confirmed 
ils,  and  by 


.    Tlio  same 
ittlwl  boyoud 


THE   SHENANDOAH. 


169 


The  Consul  of  the  United  States  appears  to  have  acted  with  both 
courtesy  and  vigor.  lie  placed  belbro  the  autlunities  all  the  intorma- 
lion  in  his  i)ossession,  tendinjy  to  show  the  illegal  origin  of  the  vessel, 
and  the  liabilities  which  alio  was  imposing  upon  (ireat  JJritain  by  her 

depredations  on  the  commerce  of  the  United  States.'  lie  told 
[42")]    the  Governor  that  the  "  Slienandoah,  alias  Sea  •King,"  Inid  never 

"entered  a  pent  of  the  so-styled  Confederate  States  for  tiie  i)ur- 
poses  ol'  naturalization,  and  conse(pientIy  was  not  entitled  to  belligerent 
rights;"'^  and  that  the  table-service,  plate,  &c.,  on  the  vessel  all  bore 
the  mark  of  "  Sea  King."  lie  earnestly  urged  tliat  "after  the  severest 
scrutiny  it  should  be  determined  if  this  vessel  and  crew  are  entitled  to 
tlio  rights  of  belligerency,  or  whether  the  vessel  should  not  be  de- 
tained until  the  facts  can  bo  duly  investigated."''  When  ho  found 
that,  in  spite  of  his  remonstrances  and  of  the  ])roof  of  her  character, 
it  had  been  decided  that  the  SluMiandoah  should  bo  repaired,  and 
should  bo  allowed  to  take  in  sui)plie3  and  coals,  ho  protested  "  in 
behalf  of  his  CJovernment  against  the  aid,  comfort,  and  refugo"  ex- 
tended to  her.*  When  he  was  inlbrmed  that  the  Governor  had  come 
to  the  decision  "  that  whatever  may  bo  the  previous  history  of  the 
Shenandoah,  the  Government  of  the  Colony  is  bound  to  treat  her 
as  a  ship  of  war  belonging  to  a  belligerent  Power,"  he  proteste«l  afresh, 
and  uotilled  the  Governor  "that  the  United  States  will  claim  indemnity 
for  the  daumges  already  done  to  its  shipping  by  said  vessel,  and  also 

which  may  hereafter  be  committed  if  allowoil  to  depart  from 
[42GJ    *this  port."^    lie  |)laced  in  the  hands  of  the  Attorney  General 

coiKilusive  "evidence  to  establish  that  the  Shenandoah  is  in  fact 
the  Sea  King.""  When  it  came  to  his  knowledge  that  Waddell  was 
enlisting  a  crew  in  Melbourne  for  the  Shenandoah,  ho  put  the  proof  of 
it  at  once  into  the  hands  of  the  Governor.^  When  ho  heard  that  she 
was  taking  coal  on  board  he  communicated  that  fact  also."  From  the 
beginning  of  the  visit  of  the  Shenandoah  at  Melbourne  to  the  hour  of 
her  departure,  this  otticer  was  constsmt  in  his  vigihuKie,  and  in  his 
ettorts  to  aid  the  IJritish  authorities  in  the  performance  of  their  duties, 
as  the  representatives  of  a  neutral  nation. 

As  soon  as  she  arrived,  almost  before  her  anchor  was  dropped,  her 
commander  wrote  to  the  Governor  for  permission  to  "  make  the  neces- 
sary repairs  and  obtain  a  supply  of  coals."" 

This  letter  was  otlicially  answered  the  next  day,  after  the  twenty-four 
honrs  allowed  by  the  instructions  t)f  January,  1802,  for  his  stay  had 
expired.  He  was  told  that  directions  had  been  given  to  enable  him  to 
make  the  necessary  repairs  and  to  coal  his  vessel,  and  he  was  asked,  at 

his  earliest  convenience,  to  intimate  the  nature  and  extent  of 
[427]    *his  re<purements  as  regards  repairs  and  supplies.'"    This  was  tho 

oflicial  answer.  Tho  real  answer  had  been  given  the  previous 
night  to  Waddell's  messenger,  who  was  dispatcJied  on  shore  "  as  soon 
as  practicable  the  afternoon  of  arrival,'  to  confer  with  the  authorities 
and  obtain  i)ermission  for  tho  ship  to  remain  and  procure  some  ncces- 

'  See  Mr.  lilaiifliiireVs  ilispatcb  to  Mr.  Soward,  Vol.  Ill,  page  384. 

2  Vol.  Ill,  pciKc  -.VM  :  Vol.  VI,  pa«c  51)8. 

3  lilaucbaid  to  Da?  .iiig,  Vol.  Ill,  page  :595;  Vol.  VI,  page  598. 
■•  Blaiichaid  to  Darling,  Vol.  Ill,  pago  ;}<.)7  ;  Vol.  VI,  pago  GOO. 
6  Blaiiehard  to  Darling,  Vol.  Ill,  pa-'o  :598 ;  Vol.  VI,  page  CM. 
«  Vol.  Ill,  pages  403  and  404,  405  aud  407.    Seo  also  Vol.  VI. 

'  Vol.  Ill,  pages  414,  4-20,  4-J3,  427,  428.    Seo  also  Vol.  VI. 

8  Vol.  Ill,  pago  425;  Vol.  VI,  page  (WO. 

9  WmltloU  to  Darling,  VoL  V,  pago  509. 

>«  Francis  to  WaddcU,  Vol.  V,  pago  599 ;  VoL  VI,  pago  639.    . .  -. 


^ii 


ui 


li 


170 


INSURGENT   CRUISKRS. 


■11 


ff\ 


I 


■  I 


4 


r\ 


H: 


wiry  rcpiiirH."    "lie  rctunuul  htforc  midnUjht,  havUuj  sncceedol  in  his 

Two  (liiys  wcrn  lalu'ii  to  reply  to  the  question  as  to  tlie  nature  and 
extent  of  the  nee«U'(l  repairs  and  snitplics.  NVaihh-ll  then  stated,  as  a 
reason  why  h(^  eouhl  not  yet  I'eport,  lliat  the  meeiianics  had  not  reported 
to  hini.  lie  spoke  generally  ahout  llie  eondilicai  of  his  proiicllcr  siiat't, 
tiiid  tlie  be;irin,i;s  under  water,  and,  he  achh-d,  "///<■  other  trpKit'H  arc  pro- 
(ircssiii;/  f(ti>i(ll!/."''  \l  thus  a|)p('ars  that  he  had  been  at  that  time  tiiree 
(hiys  in  port,  had  ina<k>  nool'llcial  statement  ol' tlie  supphes  or  tlie  ncces- 
saiy  repairs,  and  that  he  had  a  I'nrce  at  work  upon  his  vessel,  witiiout 
any  rejiort  to  the  (lovi'rnor  showiiij;'  the  nceessify. 

The  next  day  he  was  asked  to  lurnishii  list  ol'snpplies  required  lor  tho 
immediate  use  ol'  his  vessel.'     lie  appears  to  have  liirnished  sneli 
a  stateMiient,  hut  it  has  not  been  printed  in  any  document  within    [1-8] 
the  eontrol  of  the  United  States.    As  the  list  is  in  the  possession 
of  (Ireat  Ilritain,  it  will  doubtless  be  produeed,  if  it  teiuls  to  release 
that  (lovernmeiit  from  responsibility. 

On  the  loUowiny-  day,  bein^'  the  tilth  day  aft^'r  he  arrivcHi  in  port,  tho 
fourth  day  after  he  receiveil  lU'rmissiou  to  make  his  rejjairs,  ami  the 
third  or  fourth  day  alter  the  repairs  were  eommeneed,  he  reported  to 
the  (ioveriior  that  the  liniiij;'  of  the  outer  steriibaek  (probably  meaiiinj»" 
tlu!  outer  steriibusli)  was  entirely  f;one,  and  that  in  onler  to  replace  it 
the  Slienandoah  must  ^o  into  the  (lovernnient  slii)  '"'i'  id»()ut  ten  days.^ 

On  the  1st  of  February  the  (lovernor  assenteil  to  the  niakiny  of  these 
rejtairs"'  and  the  time  named  for  them. 

On  the  7th  of  February,  throu,i,di  his  Secretary  he  called  upon  Caj)- 
tain  Waddell  "to  luime  the  day  when  he  would  be  prepared  to  proceed 
to  sea.''"  AVaddell  said  that  lie  could  not  name  ii  day ;  .niid  he  j>ives 
excuses  why  his  vessel  was  not  yet  on  the  slip;  a  fact  which  furnishes 
the  evident  reason  for  the  letter  of  the  (lovewior's  Secretary.'' 

*On  the  14tli  of  February,  si  week  later,  inquiry  is  af-ain  made    [429] 
whether  he  is  "in  a  position  testate  incu'c  detinitely  when  tho 
Shenandoah  will  be  in  a  position  to  pro(!eed  to  sea."" 

The  reply  shows  that  the  Shenandoah  was  then  ou  the  slip,  and  was 
to  be  launched  the  next  day.  iU'  thoufiht  he  could  proceed  to  sea  by 
the  lUtli,  tliou.i,'h  he  had  yet  to  take  in  all  his  sttn-es  and  coals." 

The  next  correspondence  between  Waddell  and  theCrovernor's  Secre- 
tary furnishes  the  solution  of  the  delay  in  the  orijiiiuil  rejjort  ni)on  tho 
rei)airs,  the  delay  in  the  getting  the  vessel  into  the  slip,  tho  delay  in 
getting  her  out  of  it,  and  tho  unreasonable  time  required  "to  ta'lco  in 
stores,  coals,  and  to  swing  the  ship."  During  all  this  time  Waddell  had' 
been  enlisting  men  for  the  Shenandoah  out  of  tho  streets  of  Melbourne, 
and  had  ])rotracted  his  repairs  as  an  excuse  for  delay,  while  ho  tilled  up 
the  thin  ranks  of  his  crew. 

The  arrival  of  this  vessel  at  Melbourne  had  produced  a  profound  sen- 
sation. An  incjuiry  was  made  of  the  Government  in  the  Legislature  to 
know  if  Her  ^Majesty's  Proclamation  had  not  been  violated  by  the 
Shenandoah.    Tho  member  making  the  inquiry  called  attention  to 

'  Crtii8»i  of  tlio  Shciiaudoali,  paj^o  1)7. 
«  Vol.  V,  pns«  fiOO ;  Vol.  VI,  pajjc  (540. 
»  Fiiiiicis  to  WadiloU,  Vol.  V,  pajjc  COO :  Vol.  VI,  page  641. 
*  Waddell  to  the  Coninjissioner  of  'rrado,  Vol.  V,  page  600;  Vol.  "VI,  pago  641. 
.       »  FniDciH  to  Wiuldell,  Vol.  V,  page  602 ;  Vol.  VI,  page  644. 

TraiitiH  to  Waddoll,  Vol.  V,  pago  602;  Vol.  VI,  pago  643.  ■■     -   . 

»  Waddell  to  lu-anciB,  Vol.  V,  page  CO-J  ;  Vol.  VI,  pago  644. 
»  rraiieis  to  Waddull,  Vol.  V,  page  602 ;  Vol.  VI,  page  C44. 
"  Waddell  to  FiaiiciB,  Vol.  V,  page  iH)2 ;  Vol.  VI,  page  644. 


'Jf 


THE   SHENANDOAH. 


171 


ltd  in  his 
tiirc  iind 

llt'll,  ilS  il 

icpoiti'd 
Icr  sliiil't, 
ti  (ire  pro- 
iiiu'  tliroe 
1h<  lu'i't's- 
,  witliout 

cd  lortlnj 

ich 

liiii    [4L'8] 

ion 

lo  reli'iiso 

port,  tlio 
,  :iii(l  tliu 
ported  to 
iiiciinin.s: 
rcpliico  it 
ton  days.' 
y  ol'  tliL'SO 

ipon  Cap- 

[(>  proci'i'd 

I  lie  {iivcs 

lurnishes 

ado    [429] 
tlio 

),  and  was 
to  sea  by 

or's  Sccre- 
;  ni)on  the 
0  delay  in 
to  taiic  in 
addell  liadi 
delbouine, 
le  tilled  up 

ifound  scn- 
:isl{itui'C  to 
cd  by  the 
tentiou  to 


ago  641. 


[430]    the  news  of  the  de*partnr«^  ol'tlu^  Sen  Kinj,'  iVoni  London  for  the 

pnrpo.s«>  of  lu'in;;;  ('(inverted  iido  a  cruiser,  and  he  showeil  that 
the  Sea  Jvinj;  and  the  Hheiiandoah  were  the  same  vessel.  Thw  llonso 
was  opposed  to  him,  and  Im!  was  called  lo  order  as  luMlid  tins.  Tlie 
C'liief  iSecretary  replied,  not  so  mucii  callin};'  in  «|Uestion  the  itlentity  of 
the  Sea  Kin<;'  with  the  Shenandoah,  as  donl)t  in;;'  I  he  propriety  of  aeecpt- 
in;;'  the  fact  on  tlu^  evidencie  <|UuLed  by  the  fornu-r  siieaker;  and  ho 
jnlded  that,  "in  dealinji;'  with  this  vessel,  they  had  not  only  lo  consider 
the  t(U'ms  of  tNe  proclannitiun  referred  U),  but  ulno  the  vonjUUutial  in- 
stnictioiiN/ro))!  the  Jh>mc  (Jo'rcrnmcut.''^^ 

Wviv  tlii^  I'nited  Slates  learned  for  the  lirst  time  that,  in  addition  to 
the  i)ublished  instructions  which  were  made  known  lo  the  world,  there 
Avere  private  and  eonlidential  and  perhaps  conllictin.n-  instructions  on 
this  snbje(;t.  It  is  beyond  their  power  to  fnrnish  to  this'i'ribnnal  copies 
of  these,  eonlidential  instructions.  Shonld  tln'ir  ])rodn(ttion  be  decMned 
important  by  Her  Majesty's  (Jovernment,  or  shonld  they  tend  to  relievo 
Great  Britain  fronj  liability  to  the  I7nited  States,  they  will,  uiuloubt- 

ediy,  be  furinshed  to  the  Tiibnnal. 
[431]        The  Consul  of  the  United  States  at  ^Melbonrne  *penetrated  tho 

reasons  for  Waildell's  delay,  and  snpplied  the  ('olonial  Authori- 
ties with  evith'nce  that  men  W(!re  bein;^  enlisted  at  MeU»onrne  for  the 
Shenandoah.  J  lis  lirst  letter  to  the  Governor  on  this  subject  was  dated 
the  10th  of  February.  In  it  he  called  attention  "  to  the  shipment  of 
men  on  board  said  Shenandoah  in  this  port."^  Ayaiu,  on  the  14th  of 
I'V'bruary,  he  trausniitted  to  tho  Governor  further  proof  ou  tho  same 
subject.'' 

Tlie  allidavits  furnished  by  tho  Oonsnl  showed  that  au  enlistment  on 
a  lar;;e  scale  was  Koi^K'  <»i'  ^J^''*^  allidavit  of  Wicke,  for  instaiujo,  spoke 
of  a  cool;  named  "Charley,"  and  ten  meu;^  the  allidavit  of  Behucke,  of 
"al)ont  ten  nu'U  concealeil  in  said  Shenandoah."^ 

The  autlKuitios  i)roceeded  aj>aiust  " Charley  "  oidy.  They  carefully 
let  alone  Captain  Waddell  and  his  olliccrs,  who  had  been  violating  Her 

Majesty's  Prochunation  and  the  laws  of  tho  Empire,''  and  they 
[432]    aimed  the  tbnndersof  tho  law*agaiustan  assistant  cook.    When 

the  ofiicer  arrived  at  tho  vessel  to  servo  the  warrant  for  Charley's 
arrest,  he  was  informed  that  no  such  person  was  on  boai'd.  Ou  express- 
ing a  wish  to  ascertain  this  fact  for  himself,  his  request  was  refused." 
The  next  day  he  w  ent  again,  and  Cai)tain  Waddell  "  stated,  on  his  honor 
and  faith  as  a  gentleman  and  au  ollicer,  that  there  was  no  such  i)erson 
as  (?luirley  on  board.""  On  the  evening  of  tho  same  day  Charley  and 
three  other  men  who  had  been  'udisted  in  Melbouruo  were  arrested  as 

'  Vol.  V,  .pitfC*'  <>1 1 ;  Vol.  VI,  Y>iv^c  ()()() ;  ct  weq.  It  was  in  coiisequeTico  of  tboHO  doubts 
cxpi'f.HscMl  l),v  tho  L'lii(!f  Si'<'retiiiy  tliut  tho  Consul  fiiniislu'd  tho  ovidcuco  of  tho  ideu- 
tity  of  tlio  two  v('s.sL'ls.     Vol.  Ill,  ]>iigo  IJ.-iij;  ViJ.  VI,  page  u'JO. 

-lUaucliiinl  to  l>ailii)<;.  Vol.  Ill,  page  4tiO ;  Vol.  VI,  pago  025. 

•'  lUaiK'hivid  to  Darling,  Vol.  Ill,  pago  414;  Vol.  VI,  pugo  G19. 

<  Vol.  Ill,  page  4-Jl ;  Vol.  VI,  pago  (J-^T). 

fi  Vol.  HI,  pago  4-22 ;  Vol.  VI,  pugo  ()2(j. 

"  Tho  Bceond  sectiou  of  the  Foreign  Enli.stment  Act  of  1819  luado  it  illegal  to  procuro 
any  jJcrHou  to  engage  to  culist  as  a  sailor  in  soa  service  under  any  porsou  assuming  to 
oxcrcifio  any  powers  of  govornment,  or  to  agree  to  go  from  any  part  of  Her  Majtwty's 
douiinionM  for  tho  purpose  of  being  so  enlisted :  and  persons  committing  that  ofTcnao 
were  tj  bo  deemed  guilty  of  a  misdemeanor,  and  to  be  punished,  on  convictiou,  by  fine 
or  imprisomnent,  or  both.  It  would  bo  difficult  to  describo  what  Captaia  WaddoU 
ai-.tnully  did  .^t  Melbouruo  in  more  accurate  language  than  this. 

'  Vol.  V,  page  (ilS  ;  Vol.  VI;  page  6G5,  ', 

» Vol.  V,  page  (ilri ;  Vol.  VI,  pago  (i65,  ,      '  , 


iit 


1: 


IT^ 


172 


INSURGENT  CRUISERS. 


they  left  the  Shenandoah  by  the  water  police,'  thus  showing  that  they 
must  have  been  there  all  the  while. 

In  consequence  of  this  the  permission  to  make  repairs  was  suspended ; 
but  it  was' soon  restored.  The  reason  given  for  the  restoration  was  that, 
Charley  b^nng  taken,  Waddell  was  "in  a  position  to  say,  as  commanding 
otticer  of  the  ship,  that  there  were  no  persons  on  board  except  those 
whose  names  .ire  on  the  ship])ing  articles,  and  that  no  one  has  been 
enlisted  in  the  service  of  the  Confederate  States  since  arrival  in  this 
port."^  It  does  not  appear  that  Waddell  made  any  such  commitment; 
on  the  contrary,  he  said  that  ho  considered  "  the  tone  of  the  letter 
remarkably  disrespectful  and  insulting." 

*The  Melbourne  authorities  did  not  insist  upon  having  such  an  [4o3] 
assurance.  The  Secrc  arj'  of  the  Governor  had  said  that  Wad- 
dell ^v  as  in  a  position  to  give  the  assurance ;  that  was  enough.  The 
Chief  Secretary  said  in  the  Assembly,  speaking  of  the  enlistment  of 
"  Chr.iiey,"  "  it  appears  to  me  and  to  the  Government  that  if  anything 
can  be  a  violation  of  strict  neutrality,  this  is  it;"^  but  ho  added,  in  a 
few  moments,  (his  attention  being  called  to  the  fact  that  there  were  still 
I)ersons  on  board  who  had  joined  the  ship  at  Melbourne,)  "  The  par- 
ticular warrant  that  was  issued  ibr  this  particular  individual  (Charley) 
was  satisfied ;  and  if  further  warrants  are  issued  for  other  persons  who 
may  be  on  board,  the  position  of  the  Government  icill  he  altered.  It  may 
be  that  thir»e  iue  other  persons  on  board."* 

There  were  other  persons  on  board  whose  presence  was  a  violation  of 
British  neutrality,  and  whose  exposure  would  "  alter  the  position  of  the 
Government" — some  fifty  in  all;  but  no  warrant  was  issued,  aiul  "the 
position  of  the  Government "  was  not  "  altered."  The  Shenandoah  took 
on  board  her  coal  (three  hundred  tons  in  all)  and  her  supplies,  the 
charactef  of  which  is  no  known  to  the  United  States,  for  the  reasons 
already  given. 

♦The  United  States  Cjnsul  to  the  last  did  his  duty.  On  the  [434J 
17th,  the  day  before  sh*^  sailed/  he  informed  the  Governor  that 
"the  Shenandoah  was  ti^  Aug  in  three  hundred  tons  of  coal,  in  addition 
to  the  quantity  she  hau  n  board  wlien  she  came  into  this  port — about 
foui'  hundred  tons ; "  and  added,  "  The  Shenandoah  is  a  full-rigged  sail- 
i.  g-vessel ;  steam  is  only  auxiliary  with  her ;  and  I  cannot  believe  Your 
Excellency  is  aware  of  the  large  amount  of  coal  now  being  furnished 
said  vessel."'  Tliis  coal  was  dispatched  from  Liverpool  in  a  vessel 
called  the  John  Fraser.  The  ear-marks  were  on  the  transaction  iu  the 
very  name  of  the  transport. 

On  the  same  day  the  Consul  also  lodged  with  the  Governor  the  affi- 
davit of  one  Andrev'  Forbes,  to  show  that  six  persons,  residents  of  Mel- 
bourne, whom  he  named,  were  to  join  the  Shenandoah  outside,  she  being 
then  ready  to  sail.  Ag  time  was  of  importance,  and  a  day's  delay  might 
be  too  late,  the  Consnl  went  with.his  witnesses  to  the  office  of  the  Crowu 
Solicitor,  to  whom  the  Attorney  General  had  previously  directed  him 
to  commuwicate  such  information.  He  found  that  officer  lea\  ing  for  his 
dinner.  He  told  him  "  his  business  was  urgent,"  and  that  he 
had  "  come  as  *the  representative  of  the  United  States  to  lay  [435] 
before  him,  as  Crown  Solicitor,  the  evidence  that  a  large  number 

Francis  to  Wac'dell,  Vol.  V.,  p.agc  C05 ;  Vol.  VI,  page  647. 
^  2  Ibid..  Vol.  V,  page  ()0r», 

»  Vol.  V,  page  619  ;  Vol.  VI,  page  666. 

*  Vol.  V,  pages  CiJO  and  667. 

»  iilanehara  to  Dulling,  Vol.  Ill,  pages  425,  426 ;  Vol.  VI,  page  630. 


THE    SHENANDOAH. 


173 


;hat  they 

spendcd ; 
ivas  that, 
maiulinjj 
}pt  tljose 
lias  been 
1  in  this 
nitinent ; 
he  letter 

[433] 
1(1- 

Sh.  The 
tment  of 
anything 
(led,  in  a 
were  still 
The  par- 
Chailey) 
sons  who 
It  may 

)lation  of 
on  of  the 
and  " the 
loah  took 
plies,  the 
e  reasons 

he  [434J 
lat 

addition 
■t — abont 
Iged  sail- 
eve  Your 
fnrnished 

a  vessel 
on  in  the 

m 

r  the  affl- 
ts  of  Mel- 
she  being 
lay  might 
lie  Crown 
cted  him 
iig  for  his 
he 

ay  [435] 
3er 


9. 


of  men  were  about  violating  the  neutrality  laws."^  The  Solicitc  r  said 
he  must  go  to  his  dinner,  and  passed  on.  The  Consul  then  went  to 
several  otlier  officers  in  order  to  secure  immediate  action  on  his  com- 
plaint. Among  others,  he  went  to  the  Attorney  General,  who  sent  him 
to  another  Solicitor ;  but  he  could  get  no  one  to  attend  to  it,  and  the 
Shenandoah  left  early  in  the  morning  of  the  18th  without  further  British 
interference. 

The  attention  of  the  Tribunal  of  Arbitration  is  invited  to  the  fact 
that  a  sworn  list  of  the  crew  of  the  Shenandoah  is  attached  to  an  affi- 
davit made  in  Liverpool  by  oi»e  Temple  ten  months  after  the  vessel  left 
Melbourne.^  Forbes  in  his  affidavit,  which  was  submitted  to  the  Gov- 
ernor and  laid  before  the  Attorney  Genex'al,  gave  the  names  of  five  per- 
sons who  he  had  reason  to  believe  were  about  to  join  the  vessel  from 
Melbourne.  Temple's  affidavit  shows  that  at  least  three  of  those  per- 
sons did  join  ami  did  serve,  viz,  "  Robert  Dunning,  an  Englishman, 
captain  of  the  foretop;''  Thomas  Evans,  Welchman;  aucl  William 
[43G]  Green,''  *an  Englishman.'"  This  corroborative,  independent  piece 
of  testimony  establishes  the  truthfulness  of  Forbes's  afficlavit. 
This  affidavit,  so  summarily  r(\jected  by  the  Crown  Solicitor,  was  the 
specific  evidence  of  the  commission  of  a  crime  which  Her  Majesty's  Gov- 
ernment required  to  be  furnished  by  the  United  States.  When  pro- 
duced the  liritish  authorities  declined  to  act  upon  it. 

The  United  States  assert,  without  fear  of  contradiction,  that  there 
was  no  time  during  the  stay  of  the  Shenandoah  in  Melbourne,  when  it 
Wiis  not  notorious  that  she  was  lu'ocuring  recruits.  She  we;it  there  for 
tha^  purpose.  Her  elfective  power  as  a  man-of-war  depended  entirely 
upon  her  su(!cess  of  obtaining  a  new  crew.  When  she  left  the  Laurel 
she  had  but  twenty-three  men  besides  her  officers.  With  every  capture 
between  there  and  Melbourne  great  ettbrts  were  made  to  induce  the 
captured  seamen  to  eniist ;  and  those  who  would  not  enlist  were  compelled 
to  work  as  sailors  in  order  to  avoid  being  put  in  irons.  The  author  of  the 
"  Cruise  of  the  Shenandoah  "  says  that  fourteen  were  enlisted  in  this 
way—ten  from  the  Alina  and  the  Godfrey ,''  two  from  the  Susan,' 
[437]  and  two  from  the  Stacey."  Temple  in  his  affida*»it  gives  the 
names  of  three  from  the  Alina,  live  fron.  the  Godfrej',  one  from 
the  Susan,  two  trom  the  Stacey,  and  one  from  the  Edward.''  It  is 
probable  that  Temple's  statement  is  correct.  Of  the  twelve  whom  he 
names,  two  appear  to  have  left  tho  vessel  at  M(»lbourne,  viz  :  Bruce,  of 
the  Alina ;  and  Williams,  of  the  Godfrey.  Jt  would  therefore  appear 
that,  had  the  Shenandoah  received  no  recruitment  of  men  at  Melbourne, 
her  force  on  leaving  would  have  been  thirty-three  nu  rines,  firemen, 
and  ordinary  seamen.  One  officer  and  two  petty  otheers  were  tlis- 
charged  there,  which  redu(;ed  the  number  of  officers  to  tv'enty,  and  her 
whole  force  to  fifty-three.  She  was  a  full-rigged  sliip,  li20  feet  in  length 
and  35  feet  beam,  and  carried  royal  studding-sails,  and  re(iuired  double 
or  treble  that  number  of  men  to  make  her  effective  as  a  man-of-war.''' 
The  Tribunal  will  see  how  important  it  was  to  recruit  men  at  Melbourne. 

» Lord  to  Blancliard,  Vol.  Ill,  pa}j[o  429 ;  Vol.  VI,  pagO  035. 

2  Vol.  Ill,  pa«o  477  ;  Vol.  VI,  pat^e  701). 

3  Vol.  Ill,  page  488 ;  Vol.  VI,  pago  719. 
■•  Vol,  III,  page  489 ;  Vol.  VI,  page  727. 

e  Vol.  Ill,  pages  4S9,  490 ;  Vol.  VI,  page  721. 

"  Cruiso  of  the  yiicuaudoab,  page  42.  , 

'  Ibid.,  page  4U.  « 

« Ibid.,  page  47. 

9  Vol.  Ill,  pages  437-491 ;  Vol.  VI,  ptigo  718,  e«  sej. 

>°  Cruise  of  the  Sbouan(b>ab,  page ^. 


% 


I  k  f  ■ 


■t  ■ 


^  t\ 


174 


INSURGENT   CRUISERS. 


Slio  took  in  taerc,  according  to  tlie  account  given  by  the  author  of 
the  Cruise  of  the  Shenandoah,  xbrty-live  nien.^  Temple,  in  his  allidavit, 
gives  the  names  of  forty-three,  divided  as  follows  :  one  oiticer,  twelve 
l>otty  officers,  twenty  seamen,  seven  fuemen,  and  three  marines. 
The  United  *States  complain  of  this  act,  not  alone  as  a  technical  [138] 
\iolation  of  the  duties  of  a  neutral,  as  laid  down  in  the  second 
rule  of  the  Treaty,  but  as  a  great  injury  to  them,  from  which  flowed  the 
subsequent  damages  to  their  conunerce  from  the  Shenandoah.  This 
recruitment  might  have  been  stopped  by  the  exercise  of  the  most  ordi- 
nary diligence.  It  ought  to  have  been  st|»pped  after  the  Consul's  letter 
of  the  loth  of  February.  It  ought  to  have  been  stopped  after  his  letter 
of  the  1  ith.  The  authorities  should  have  detained  the.  Shenaiuloah 
on  the  information  he  coyununicated  on  the  17th.  Most  of  the  men 
v>ent  on  board  that  night.  It  was  a  great  negligence  not  to  have  pre- 
vented this.  When  the  Shenandoah  sailed  on  the  morning  of  the  18th, 
the  whole  comnuniity  knew  that  she  had  more  than  doubled  her  force 
in  Melbourne.  The  newspapers  of  the  next  day  were  full  of  it.  The 
lieriild  said:  "Humors  are  alloat  that  the  Shenandoah  shipped  or 
received  on  board  somewhere  about  eighty  men."^  The  Argus  said  :  "It 
is  not  to  be  denied  that  daring  Friday  night  a  large  number  of  men 
i'ound  their  way  on  board  the  Shenandoah,  and  did  not  return  on  shore 
a.gain.'"''  And  the  Age  said:  "  It  is  currently  re])orted  that  she 
shipped  soiue  eighty  men.'"^  It  *is  not  probable — it  may  indeed  [430] 
be  said  to  be  most  improbable — that  a  shipment  of  half  that  num- 
1)er  of  men  could  have  been  made  without  comidicity  of  the  authorities. 
yiv.  jMountaguo  Bernard  intimates  that  they  could  not  have  co»ie  there 
without  the  knowledge  of  Cajjtain  WafMell."'  A  similar  train  of  reas- 
oning will  convince  the  Tribunal  of  Arbitration  that  the  least  measure 
of  "  diligence  "  would  have  discovered  the  fact  to  the  local  authorities. 

The  permitting  a  shipment  of  three  hundred  tons  of  coal  at  Mel- 
bourne was  also  a  violation  of  the  duties  of  a  neutral.  The  Shenandoah 
was  a  sailing  vessel.  Her  steam  power  was  auxiliary.  From  early  in 
J>ecember  until  two  days  before  her  arrival  at  ]\Ielbuurne,  some  seven 
weeks  in  all,*^  she  was  under  sail,  without  using  her  steam  :  she  went 
from  Liind's  End  to  Madeira  in  the  same  way.'  She  took  on  board, 
Avhen  sl'.c  left  London,  a  supi)iy  of  coal  for  twelve  months.  Four  iiun- 
dred  v,oi!S  of  it  remanied  when  she  reached  Melbourne.  She  required 
no  fresh  sui)ply  to  enable  her  to  return  to  an  insurgent  port,  and  she 
sought  it  only  for  the  puii)05ie  of  cruisuig  against  the  coiinmnre  of  the 
United  States,  thus  making  Melbourne  a  base  of  the  insurgent 
naval  operations.  *The  United  States  are  of  the  o])inion  that  it  [410] 
was  a  breach  of  the  duties  of  an  iiiii)artial  neutral  to  i)ermit  un- 
limited sn])plies  of  coal  to  be  furnisiied  to  the  Sheiiandc.ah  in  a  British 
port,  under  circumstances  similar  to  those  in  which  like  supplies  iiad 
Iteen  refused  to  the  vessels  of  the  United  States;  and  that  it  was  a  still 
greater  \  iolation  to  permit  the  supply  to  be  furnished  fiom  the  insurgent 
transport,  John  Fraser,  dispatched  from  Liverpool  for  that  purpose, 
Avhile  the  United  States  were  forbidden  to  sup))ly  their  vessels  in  like 
nnmner. 

'  Cruise  of  the  Slii'iiatidoali,  paj^c  11:5. 

'■^  Vi.1.  Ill,  piiiio  .i:ir. ;  Vol.  VI,  pa-ro  083. 

■Vol.  Ill,  i>a<;c  4:«; ;  Vol.  VI,  ].!)<>■«  nH4. 

■•  Vol.  Ill,  paj-o  'i:)(! ;  Vol.  VI,  iiago  085. 

6  Iji'niard'.s  Neutrality,  piv^c  IHI. 

'■Crniso  of  tlic  Slifuaiidoati,  pages  03-94. 

'Scbutcber'8  aflidavit.  Vol.  11!,'" page,  :}Gu;  Vol.  \T,  page  G86. 


THE   SHENANDOAH. 


175 


utiior  of 
illidavit, 
',  twelve 

al  [138] 
id 

)we(I  the 
li.  This 
lOSt  ordi- 
il's  letter 
liis  letter 
imiidonli 
the  men 
lave  pre- 
the  18th, 
her  foreo 
it.  The 
ipped  or 
aid:  "It 
f  of  mou 
on  shore 
he 

ed    [.139] 
m- 

thorities. 
•line  there 
1  of  reas- 
ineasuro 
liorities. 

at  Mel- 
nandoah 

early  in 

liie  seven 

she  went 

n  board, 

our  hnn- 

required 
,  and  she 

e  of  the 
nt 

it    [410] 
|in- 

a  Biitish 
plies  had 

as  a  still 
nsurgent 

purpose, 
!ls  in  like 


"When  the  Shenandoah  left  London  she  took  gjeneral  supplies  for  .i 
year;  yet  she  was  allowed  to  replenish  at  Melbourne  within  less  than 
six  months  from  the  time  of  leaving  London.  It  must  be  eonchrled. 
from  the  declarations  of  the  author ,of  tlie  Ouise  of  tlie  Shenandoah, 
that  when  this  was  done  she  had  enough  supplies  on  board  for  the  sub- 
sistence of  the  crew  to  the  nearest  insurgent  jiort.  The  addition  ob- 
tained at  Melbourne  enabled  her  to  continue  her  hostile  cruise  and  to 
light  u])  the  icy  seas  of  the  north  with  the  lires  of  American  vessels, 
long  alter  the  military  resistance  to  the  TJnited  States  had  ceased. 

The  United  States  further  insist  that  when  the  authorities  at  Tel- 
bouvne  permitted  the  Shenandoah  to  make  repairs  to  her  machinery  in 
that  port,  a  still  greater  violation  of  the  duties  of  Great  Britain  as  a 
neutral  was  connnitted.. 

It  has  just  been  shown  that  this  vessel  was  nnder  no  necessity  of 
nsing  her  steam ;  that  she  had  gono  to  Madeira  nnder  sail;  that  she  iunl 
come  from  the  Cape  of  Good  Hope  to  Melbourne  under  sail.  For  many 
days  before  arriving  at  Melbourne  "a  heavy  and  continuous  gale*'  pre- 
vailed.^ At  its  height  it  was  "  sublime  beyond  description,"  and  the 
Shenandoah  "  drove  before  it  at  the  rate  of  eleven  knots  an  hour,  un- 
der dose-reefed  topsails  and  reefed  foresail.''-  Yet  the  author  of  the 
Cruise  of  the  Shenandoah  makes  no  mention  of  any  injiny  to  the  ves- 
sel, or  of  any  leak,  and  there  is  nothing  to  sliow  that  the  IniU  ne((Ic(l 
repairs,  or  that  anything  was  done  to  it  except  that  "  a  gang  of  cidkers 
were  ])rocured  aiul  went  to  work  npon  the  decks  with  pitch  and  oakum."-' 
The  I'nited  States  are  convinced  that  no  other  repairs  were  necessary 
for  the  hull,  and  that  if  the  departure  of  the  vessel  was  delayed  for  the 
ostensible  purpose  of  further  lepairs  to  the  vessel  itself,  the  pretense 
was  made  solely  for  the  purpose  of  delay. 
The  repairs  to  the  machinery,  as  distinguished  froni  the  hull,  were  made 
with  the  object  of  enabling  the  Sheiuindoah  to  go  to  the  Areti*; 
[142]  Ocean,  there  to  destroy  the  whalers  of  the  United  States,  *iii 
accordance  with  IJullock's  instructions  to  Waddell  before  he  left 
Liverpool.*  It  is  evident,  not  only  from  the  absence  of  any  mention  of 
injury  to  the  hull  by  the  autlutr  of  the  Cruise  of  the  Shenandoah,  but 
also  iVom  the  stateinent  of  exp,erts  of  the  repairs  which  the  machinery 
reiiuired,  that  the  hull  was  sound  ami  seaworthy,  and  that  the  Shenan- 
doah as  a  sailing-vessel,  without  steam,  could  at  once  have  proceedctl 
to  sea,  aiul  have  made  lier  way  to  the  insurgent  oorts.''  When  Captain 
lioggs,  of  the  United  States  Xavy,  two  months  later,  (after  the  surren- 
der of  Lee,)  asked  permissi«)n  to  remain  at  JJarba<U>cs  "a  few  <lays,  lor 
tlie  pur[)()se  of  overhauling  the  piston  and  engine,"  iio  was  required,  as 
a  i)reliminary  to  the  permission,  to  "give  a  detinite  assurance  of  his  in- 
ability to  proceed  to  sea.'"^  As  a  nnui  of  honor  and  truth  he  could  not 
do  this,  and  lit  went  to  sea  without  his  repairs.  The  same  rule  applied 
to  the  Shenandoah  Avould  have  produced  the  same  resulj;,  supposing 
Captain  N\'addell  to  have  been  as  honorable  and  as  truthful  a  man  as 
Captain  Ijoggs.    , 

'  Crnisw  of  the  SlieiiundDiih,  ])iigc  (j(i. 

-  lliid.,  pajri^  (17.  ■ 

"'Ibid.,  piittc  104. 

'  Vol.  ill/i)a};o  401;  Vol.  VI,  pajrc  705. 

•'■  It  is  true  tliat  (lie  iiisnrj^ciifH  had  no  ports  at  that  timcwhich  the  Shenaiidoa^i  conld 
ontiT.  Wiliiiinirtoii,  tho  last  of  thoir  ports,  was  olost'd  by  the  capture  of  Fori  Fi.sher. 
This,  however,  was  an  athlitioiiiil  reason  why  tho  >Sheiiandoah  shoidd  not  liave  been 
alh)wed  to  lea\'e  Jlelbounu?,  earryinj;-  u  llaj^  that  had  no  jKirt  to  leeeive  it.  >Seo  tbo 
corresi)(indenee  between  the  United  States  and  Portugal  referred  to  ante,  pa^e  51). 

6  Walker  to  Bogys;  Vol.  VI,  pages  178-1>. 


il 


Ifi 


i 


t 


■^f 


m 


i'' 


'•I  I 

h 


'i  1  ■' 


fcM 


176 


INSURGENT   CRUISERS. 


•Twenty-four  hours  elapsed  before  any  questions  were  put  to  [443] 
Captain  Waddell  by  the  local  authoritios.  Then  he  was  told  to 
state  what  repairs  ho  wanted,  in  order  that  the  Governor  niigiit  know 
how  long  he  was  to  enjoy  the  hosjiijtalities  of  the  port.  He  delayed  for 
two  days  to  answer  this  question,  going  on,  however,  in  the  meanwhile 
with  some  of  his  repairs,  lie  then  reported  the  rei)airs  already  begun 
as  "  progressing  rapidly,"  and  added  that  Langland  Jirothers  &  Co.  were 
to  examine  the  i)ropeller  and  bracings  (probably  a  misprint  for  "  bear- 
ings") underwater;  that  a  diver  had  that  day  examined  them;  and 
that  "  so  soon  as  Messrs.  Langland  Brothers  &  Co.  should  hand  in  tlieir 
rejwrt"  he  would  inclose  it. 

Two  days  later,  on  the  30th,  Langland  Brothers  &  Co.  made  their  re- 
port, "  after  inspection  by  the  diver,"  saying  that  "  the  lining  of  the 
outer  sternback"  (probably  a  misprint  for  "  stern  bush" )  is  entirely  gone, 
and  will  have  to  be  replaced ;  that  "three  days  will  elapse  before  she  is 
slipped,"  and  that  they  "  will  not  be  able  to  accomiilish  the  repairs  within 
ten  days  from  date."^ 

The  Tribuiuvl  will  observe  that  it  was  proposed  that  two  kinds  of  re- 
pairs shoidd  be  made. 

The  lirst  class  did  not  require  the  vessel  to  gointo  the  slip.  These 
in(!ludod  the  calking  referred  *to  by  the  author  of  the  Cruise  of  [44 1] 
the  Shenandoah,^  and  perhaps  also  repairs  of  a  general  chara(!ter, 
which  all  steam  machinery  requires  after  having  been  run  for  any  length 
of  time,  such  as  rclitting  of  brasses,  jiacking  stufl'mg-boxes,  examining 
and  readjusting  of  working  jjarts,  &c.,  &c.  All  these  rei)airs  could  have 
gone  on  simultaneously.  Such  coal  as  might  be  allowed  within  the  con- 
struction of  the  instructions  of  January  31, 1802,  as  those  instructions 
were  applit  d  to  the  vessels  of  the  United  States,  and  such  supi)lie8  as 
were  legally  pern)itte<l,  could  also  be  taken  on,  and  the  vessel  could  be 
ready  to  go  to  sea  again  in  from  two  to  four  days  after  her  arrival  in 
port.  Or,  s'lould  it  be  necessary  for  the  vessel  io  go  into  a  slip  i'or  the 
purpose  of  re[)airing  the  propeller,  this  class  of  repairs  might  also  be 
going  on  in  the  slip,  at  the  same  time  with  the  others. 

The  other  class  of  repairs  were  those  which  Langland  Brothers  &  Co. 
Avere  to  report  upon — repairs  to  the  propeller.  It  appears  from  the  re- 
port made  by  these  mechanics  on  the  oOth  of  January,  that  they  founded 
their  estinuite  upon  the  report  of  ;*  diver.  Mechanics  ordinarily  have  to 
depend  uj)on  such  a  report,  aiul  to  found  their  estimates  upon  it.  The 
examination  of  the  i)ropeller  of  a  screw-steamer,  and  of  its  bear- 
ings "^below  the  water-line,  is  a  simple  matter,  and  takes  but  a  [445] 
short  time.  It  is  conlined  to  the  stern  of  the  vessel.  A  practi- 
cal expert  (!an  go  down,  satisfy  himself  of  the  extent  of  the  injury,  and 
retu-rn  and  report  in  a  few  minutes.  Had  the  Governor  treated  Cai)tain 
^Vi.ddell  as  Captain  Boggs  was  treated,  the  examination  could  easily 
have  been  made  on  the  morning  of  the  2()th,  and  the  whole  extent  of 
the  injury  <  oukl  have  been  reported  to  the  Governor  on  the  afternoon  of 
the  same  day  within  twenty-four  hours  after  the  arrival  of  the  vessel  in 
port.  Cai)tain  Waddell,  however,  was  not  required  to  move  so  rapidly. 
He  did  not  send  his  diver  down  until  the  28th  ;  he  did  not  get  the  ofli- 
cial  report  of  his  mechanics  until  the  3()th.  Thus  he  spent  live  days  in 
doing  what  couhl  have  been  done  in-  live  hours.  There  must  have  been 
a  motive  for  that  delay;  the  United  States  find  that  motive  in  his  neces- 
sity to  enlist  a  crew. 


'  Waddeli  to  Francis,  Vol.  V,  page  600 ;  VoL  "H,  p»go  r)40. 
*  Cruise  of  the  Shenandoah,  piigo  77. 


THE   SHENANDOAH. 


177 


tto  [443] 
Ito 

gilt  know 
olaycd  for 
iicainvhilo 
ady  bpgnii 
&  Co.  wero 
for  "bear- 
tliem;  and 
ad  ill  their 

le  their  re- 
ing  of  the 
irely  s<>>>*^? 
ifore  slio  is 
airs  witliiu 

:iuds  of  re- 


[441] 


liese 
so  of 
(!ter, 
any  lenitjtli 
examining- 
could  have 
lin  the  eon- 
nstvuetions 
snpi)lie8  a.s 
;el  could  be 
r  arrival  in 
slip  i'or  the 
ght  also  be 

thers  &  Co. 
roin  the  re- 
ley  founded 
rily  have  to 
i)n"  it.  The 
jear- 

)ut  a    [445] 
acti- 


ni.iury 


and 


ted  Captain 
ould  easily 
W.  extent  of 
Uternoon  of 
le  vessel  in 
so  rapidly. 
get  the  ofii- 
tive  days  in 
t  have  been 
n  his  neces- 


The  Tribunal  will  also  observe  that  his  own  report  on  the  28th  of  the 
extent  of  his  injuries  differs  from  that  made  by  his  mechanics  on  the  30th. 
He  reported  that  "the  cok?iposition  castings  of  the  propeller- she  ft  were 
entirely  gone,  and  he  bracings  (probably  a  misprint  for  "bearings") 
under  water  were  in  the  same  condition."  This  was  a  more  serious  in- 
jury than  the  one  reported  by  his  mechanics  two  days  later, 
[440]  namely,  the  •necessity  of  giving  the  shaft  a  new  outer  sternbush. 
The  latter  would,  it  is  true,  require  the  docking  of  the  ship  to 
admit  of  the  removal  of  the  shaft.  But  when  the  ship  was  once  in  the 
slip,  the  propeller  could  be  easily  hoisted,  being  a  movable  one ;  *  and 
then  the  renewal  of  the  lignnm-vita3  lining,  technically  known  as  the 
sternbush,  the  only  repairs  which  the  experts  reported  to  be  necessary, 
could  be  completed  two  or  three  days  after  the  ship  should  be  on  the 
slip.  If  the  vessel  was  necessarily  longer  on  the  slip  she  must  have  re- 
ceived more  repairs  than  are  described  in  the  official  report  of  the  Lang- 
lands,  which  embraced  all  for  which  the  permission  was  granted. 

It  therefore  appears  that,  on  the  supposition  that  the  authorities  at 
Melbourne  could,  under  the  circumstances,  without  violating  the  duty  of 
Great  Britain  as  a  neutral,  permit  the  repairs  reported  by  Laugland 
Brothers  &  Co.  to  be  made,  the  Shenandoah  should  have  gone  to  sea  in 
ten  days  after  her  arrival.  This  estimate  gives  the  extreme  time  for 
every  requisite  step,  viz :  one  calendar  day  for  the  examiuatiou  of  the 
diver,  excluding  the  day  of  arrival ;  three,  days  (the  estimate  of  the 
Langlands)  for  putting  the  vessel  in  the  slip ;  three  days  for  the  repairs 
by  the  Langlands ;  one  day  for  getting  her  out  of  the  slip ;  and 
[447]  two  days  for  *reloading  and  getting  to  sea,  v/hich  was  the  time 
actually  taken ;  but  as,  during  this  time  she  unwarrantably  took 
on  l>oar<l  three  hundred  tons  of  coal,  this  is  probably  too  large  an  esti- 
mate. Instead  of  requiring  these  repairs  to  be  completed  in  ten  days, 
the  Melbourne  authorities  allowed  the  Shenandoah  to  stay  there  twenty- 
four  days.  The  extra  fourteen  days  were  occupied  in  the  recruitment 
of  the  forty-three  men  whom  she  carried  away  with  her.  It  is  difficult, 
under  the  circumstances,  to  resist  the  conclusion  that  the  repairs  were 
dawdled  along  for  the  i)urpo8e  of  securing  the  recruits,  and  that  the  au- 
thorities, to  say  the  least,  shut  their  eyes  while  this  was  going  on; 
esi>ecially  if  it  be  true,  as  said  by  Temiile,  that  the  Government  engineer 
was  on  board  three  or  four  times  a  day  while  they  were  undergoing  re- 
l)air8,  and  assisted  them  with  his  opinion  and  advice.^  It  is  fair  to  say 
that  this  fact  is  doubted  by  the  Governor  of  the  Colony.^  If  the  Gov- 
ernment engineer  was  not  there,  however,  he  should  have  been,  in  order 
to  see  that  Waddell  was  not  violating  British  neutrality. 
Leaving  Melbourne,  the  Shenandoah  went  through  the  Pacific  Ocean 
to  the  Arctic  Seas,  via  Behring's  Straits,  under  the  instructions 
[448]  issued  by  Bullock,  in  Liverpool,  for  the  purpose  of  desti-oy*ing 
the  whalers  of  the  United  States.  Uow  successful  she  was  in 
her  attacks  upon  these  intrepid  and  daring  navigators  is  s^hown  by  the 
long  list  of  captured  vessels,  for  whose  destruction  the  United  States 
claim  compensation. 

On  the  cruise  to  those  seas  she  used  her  sails  only.  After  arrival 
there  she  connnenced  steaming  on  the  25th  of  June,  and  "  from  that 
time  till  she  left  the  Arctic  Seas  she  made  comparatively  little  use  of 
her  sails."^     Many  of  the  most  valuable  vessels  were  destroyed  after 

'  Wilson's  affidavit,  Vol.  Ill,  page  325 ;  Vol.  VI,  page  56C.  "~ 

*Tomi)lo'8  affidavit,  Vol.  Ill,  page  481 ;  Vol.  V,  page  71>^. 

3Darli«g  to  Cardwell,  Vol.  Ill,  page  506. 

♦  Cruise  of  the  Slicnandoab,  page  187.  -      . 

S.  Ex.31 ^12  .       • 


i      ! 


I 


T'^^ 


178 


INSURGENT  CRUISERS. 


that  time.  Temple  names,  in  his  affidavit,  fifteen  that  were  destroyed 
after  Waddell  knew  of  the  suppression  of  the  insurrection.'  Bullock 
wrote  him  a  letter,  instructing  him  "  to  desist  from  any  further  destruc- 
tion of  United  States  property,'"  and  Earl  Eussell  undertook  to  send 
the  letter  "  through  the  British  Consuls  at  the  ports  where  the  ship 
may  be  expected."  It  was  not  until  the  17th  day  of  October,  1865,  that 
she  ceased  to  be  officially  registered  as  a  British  vessel.  Waddell  ar- 
rived at  Liverpool  with  the  Shenandoah  on  the  6th  of  the  following 
November,  and  wrote  Earl  Eussell  that  the  destructions  committed 
on  the  28th  of  June — when  Temple  said  that  he  knew  of  the 
♦surrender  of  Lee — were  committed  "  in  ignorance  of  the  oblit-  [449] 
eration  of  the  Government."  He  said  that  he  received  his  first 
intelligence  on  the  2d  of  August.  The  author  of  the  Cruise  of  the 
Shenandoah  says  that  they  received,  on  the  28th  of  June,  while  burn- 
ing the  whalers,  the  news  of  the  assassination  of  Mr.  Lincoln.^  This 
event  took  place  a  week  after  the  surrender  of  Lee.  The  affidavits  of 
Temple  and  !Nye  in  Vol.  VII  indicate  still  earlier  knowledge.  It  would 
seem,  therefore,  that  Waddell's  statements  to  Earl  Russell  coHld  not 
have  been  correct. 

"  The  re-appearance  of  the  Shenandoah  in  British  waters "  was  re- 
garded as  "  an  untoward  and  unwelcome  event."  The  Times  reminded 
the  public  that  "in  a  certain  sense  it  was  doubtless  true  that  the  She- 
nandoah was  built  and  manned  in  fraud  of  British  neutrality."*  Great 
Britain  dealt  with  the  "  untoward  "  question  as  it  had  dealt  with  others 
during  the  contest — by  evading  it.  The  vessel  was  delivered  to  the 
United  States.  The  men  who  had  been  preying  upon  the  commerce  of 
the  United  States  for  months  without  a  semblance  of  authority  behind 
them,  most  of  whom  were  British  subjects,  with  unmistakable  British 
bearing  and  speech,  were  called  before  an  officer  of  the  British 
Navy  *to  be  examine-tl  as  to  their  nationality,  they  understand-  f450J 
ing  in  advance  that  it  was  a  crime  for  British  subjects  to  have 
served  on  the  Shenandoah.  "  Each  one  stated  that  he  belonged  to  one 
or  the  other  of  the  States  of  America,"^  and  they  were  discharged  with- 
out further  inquiry. 

On  the  28th  of  December,  1865,  Mr.  Adams,  commenting  upon  these 
proceedings,  wrote  to  Earl  Clarendon  as  follows  :*^  "  I  trust  it  may  be 
made  to  appear — 

"  1.  That  the  Sea  King  did  depart  from  a  British  port  armed  with  all 
the  means  she  ever  liad  occasion  to  use  in  the  course  of  her  cruise 
againts  the  commerce  of  the  United  States ;  and  that  no  inconsiderable 
portion  of  her  hostile  career  was  passed  while  she  was  still  registeretl 
as  a  British  vessel,  with  a  British  owner,  on  the  ofiLcial  records  of  the 
Kingdom. 

"  2.  That  the  commander  had  been  made  fully  aware  of  the  suppres- 
sion of  the  rebellion  the  very  day  before  he  committed  a  series  of  out- 
rages on  innocent,  industrious,  and  unarmed  citizens  of  the  United 
States,  in  the  Sea  of  Okhotsk. 

"  3.  The  list  of  the  crew,  with  all  the  particulars  attending  the  sources 
from  which  the  persons  Avere  drawn,  is  believed  to  be  so  far  sub- 


1  Vol.  Ill,  pages  482,  483 ;  Vol.  VI,  page  709,  et  scq. 
eonfirmcd  by  Hathaway's  afiidavit.  Vol.  VII,  page  95. 
-  Vol.  Ill,  page  458 ;  Vol.  VI,  page  098. 
^  Cruise  of  the  Shenandoah,  page  206. 
■•  London  Times,  November  8,  1865 ;  Vol.  Ill,  page  449. 


This  statement  by  Temple  is 


*  Cheek  to  Paynter,  Vol.  Ill,  i 
•Vol.  Ill,  page  475. 


'6  505. 


[4i 


to 

< 

chj 
tht 
ha 
thf 

Shi 
the 
rci 


i* 


THE   SHENANDOAH. 


179 


lestroyed 

Bullock 
r  destruc- 
It  to  send 
the  ship 
L805,  that 
iddell  ar- 
foUowingf 
lommitted 
the 

»lit-  [449] 
irst 

ise  of  the 
liile  burn- 
ln.3  This 
Bdavits  of 

It  wowld 
coHld  not 

3 "  was  re- 
i  reminded 
fc  the  She- 
:."*  Great 
,vith  others 
red  to  the 
>mmerce  of 
[ity  behind 
jlo  British 
itlsh 

and-    f450J 
lave 

iged  to  one 
irged  with- 

upon  these 
t  it  may  be 

led  with  all 
her  cruise 

onsidcrable 
registeretl 

;ords  of  the 

he  suppres- 
sries  of  out- 
the  United 

f  the  sources 
so  far  sub- 
by  Temple  is 


[451]  Rtantially  *correct  as  to  set  at  rest  the  pretense  of  the  officer 
sent  on  board  that  there  were  no  British  subjects  belonging  to 
the  vessel." 

The  United  States  confidently  insist  that  they  have  incontestably  es- 
tablished the  points  there  claimed  by  Mr.  Adams;  and  further, 

"  4.  Tliat  the  Shenandoah  was  fitted  out  and  armed  within  British 
jurisdiction,  namely,  at  London,  for  the  purpose  of  cruising  against  the 
United  States ;  that  Great  Britain  had  reasonable  ground  to  believe  that 
such  was  the  case,  and  did  not  use  due  diligence  to  i>revent  it. 

"5.  That  she  came  again  within  British  jurisdiction,  where  all  these 
facts  were  open  and  notorious,  and  the  British  authorities  exercisetl  no 
diligence  to  prevent  her  departure,  but  claimed  the  right  to  treat  her  as 
a  commissioned  man-of-war,  and  to  permit  her  to  depart  as  such. 

"  G.  That  twice  within  British  jurisdiction  she  received  large  recruit- 
ments of  men,  without  due  diligence  being  used  to  prevent  it:  Ist.  At 
Liverpool,  from  whence  the  men  were  forwarded  by  the  Laurel;  and, 
2d,  at  Melbourne. 

"  7.  That  she  was  allowed  to  make  repairs  and  to  receive  coal  and 
supplies  which  were  denied  to  vessels  of  the  United  States  in  similar 

circumstances." 
[452]  The  subsequent  career  of  the  steamer  Laurel,  *  which,  with  the 
Shiiuandoah,  formed  the  hostile  expedition  against  the  United 
States,  th  "ows  additional  light  on  th«  ecnc^rity  of  the  British  neutrality 
in  the  case  of  the  Shenandoah.  On  the  7th  of  March,  18G5,  Mr.  Adams 
wrote  as  follows  to  Earl  liusscll : 

"  I  am  pained  to  bo  obliged  once  more  to  call  your  attention  to  the 
proceedings  of  the  vessel  called  the  steamer  Laurel : 

"  This  is  the  vessel  concerning  which  I  had  the  honor  to  make  a  repre- 
sentation, in  a  note  dated  the  10th  November  last,  which  appears  to 
have  proved,  in  substance,  correct. 

"  Her  departure  from  Liverpool  on  the  9th  October,  laden  with  men 
and  arms  destined  to  be  placed  on  board  of  the  steamer  Sea  King,  her 
meeting  with  that  vessel  at  Porto  Santo,  in  the  Madeira  Islands,  her 
subsequent  transfer  of  her  freight  to  that  steamer,  which  thereupon 
assumed  the  name  of  the  Shenandoah,  and  proceeded  to  capture  and 
destroy  vessels  belonging  to  the  people  of  the  United  States,  are  all  facts 
now  established  by  incontestable  evidence., 

"  It  now  appears  that  this  steamer  Laurel,  having  accomplished  her 
object  under  British  colors,  instead  of  immediately  returning  to  this 
Kingdom,  made  her  way  through  the  blockade  i'.-  the  port  of 
[453]  Charleston,  where  she  clianged  her  register  and  *her  name,  and 
assumed  to  be  a  so-called  Confederate  vessel.  In  this  shape  she 
next  made  her  appearance  at  the  port  of  Nassau  as  the  '  Confederate 
States.'  From  that  place  she  cleared,  not  long  since,  to  go,  xia  Madeira, 
to  the  same  port  of  Liverpool,  from  whence  she  had  originally  started. 

"  It  further  appears  that,  notwithstanding  the  assumption  of  this  new 
character,  this  vessel  carried  out  from  Nassau  a  ship  mail,  made  up  at 
the  post-oflice  of  that  port,  and  transported  the  same  to  Liveipool.  T 
have  the  honor  to  transmit  a  copy  of  a  letter  from  the  postmaster  at 
that  place  establishing  that  fact. 

"  Under  these  circumstances,  I  have  the  honor  to  inform  your  Lord- 
ship that  I  am  instructed  by  my  Government  to  remonstrate  against 
the  receipt  and  clearance  with  mails  of  this  vessel  from  Nassau,  and  to 
request  that  such  measures  may  be  adopted  in  regard  to  her  as  may 
prevent  her  liom  thus  abusing  the  neutrality  of  Her  Majesty's  territory, 


•II 

(Mi 


180 


SUMMARY   OF  THE   POINTS   ESTABLISHED. 


for  the  purpose  of  facilitating  the  operations  of  the  enemies  of  the  United 
States."' 

To  this  Earl  Eussell  replied  "  that  Her  Majesty's  Government  are  ad- 
vised, that  although  the  proceedings  of  the  steamer  Confederate 
States,  formerly  Laurel,  may  have  rendered  her  liable  to  *capture    [454] 
on  the  high  seas  by  the  cruisers  of  the  United  States,  she  has  not, 
so  far  as  is  Inown,  committed  any  offense  punishable  by  British  law.^^ 

From  all  these  various  facts,  the  United  States  ask  the  Tribunal  of 
Arbitration  to  find  and  certify  as  to  the  Shenandoah,  that  Great  Britain 
has,  by  its  acts  and  by  its  omissions,  failed  to  fulfill  its  duties  set  forth 
in  tlie  three  rules  of  thf  Treaty  of  Washington,  or  recognized  by  the 
principles  of  law  not  inconsistent  with  such  rules.  Should  the  Tribunal 
exercise  the  power  conferred  upon  it  by  the  seventh  article  of  the  Treaty, 
to  award  a  sum  in  gross  to  be  paid  to  the  United  States,  they  ask  that, 
in  considering  the  amount  to  bo  awarded,  the  losses  in  the  destruction 
of  vessels  and  their  cargoes  by  the  Shenandoah,  and  the  expense  to 
which  the  United  States  were  i)ut  in  the  j)ursuit  of  it,  nmv  be  taken 
into  account. 


Suwaaiy. 


In  the  course  of  the  long  discussions  between  the  two  Governments, 
which  followed  the  close  of  the  insurrection,  it  became  the 
duty  of  Mr.  Adams  to  make  a  summary  of  the  points  which 
he  maintained  had  been  established  by  the  United  States.  This  he  did 
in  tlie  following  language,  addressed  to  Earl  Russell :' 

*"  It  was  my  wish  to  maintain —  [455] 

"  1.  That  the  act  of  recognition  by  Her  Majesty's  Goveniment 
of  insurgents  as  belligerents  on  the  high  seas  before  they  had  a  single 
vessel  afloat  was  precipitate  and  unprecedented. 

"  2.  That  it  had  the  effect  of  creating  these  parties  belligerents  after 
the  recognition,  instead  of  merely  acknowledging  an  existing  fact. 

"3,  That  this  creation  haS  been  since  effected  exclusively  from  the 
ports  of  Her  Majesty's  Kingdom  and  its  dependencies,  with  the  aid  and 
co-operation  of  Her  Majesty's  subjects. 

"4.  That  during  the  whole  course  of  the  struggle  in  America,  of 
nearly  four  years  in  duration,  there  has  been  no  appearance  of  the  insur- 
gents as  a  belligerent  on  the  ocean  excel)!  ing  in  the  shape  of  British 
vessels,  constructed,  equipped,  supplied,  manned,  and  armed  in  British 
ports. 

"  5.  Thatduring  the  same  period  it  has  been  the  constant  and  persistent 
endeavor  of  my  Government  to  remonstrate  in  every  possible  form 
against  tliis  abii;,e  of  the  neutrality  of  this  Kingdom,  and  to  call  upon 
Her  Majesty's  Government  to  exercise  the  necessary  powers  to  put  an 
effective  stop  to  it. 

"6.  That  although  the  desire  of  Her  Majesty's  Ministers  to  exert 
themselves  in  the  suppression  of  these  abuses  is  freely  acknowl- 
edged, the  efforts  *wkieh  they  made  proved  in  a  great  degree    [458] 
powerless,  from  the  ineiiiciency  of  ohe  law  on  which  thej  relied, 
and  from  their  absolute  refusal,  when  solicited,  to  procure  additional 
powers  to  attain  the  objects. 

"  7.  That,  by  reason  of  the  failure  to  check  this  flagrant  abuse  of  neu- 
trality, the  issue  from  British  ports  of  a  number  of  British  vessels,  with 
the  aid  of  the  recognition  of  their  belligerent  character  in  all  the  ports 
of  Her  Miyesty's  dependencies  around  the  globe,  has  resulted  in  the 

1  Vol.  Ill,  page  339.       » Vol.  Ill,  page  341.       » Vol.  Ill,  page  533.         * 


[U 


SUMMARY   OP   THE   POINTS   ESTABLISHED. 


181 


United 

are  ad- 

u 

B    [454] 

? 

■,m 

)imal  of 
Britain 
et  forth 
by  tlie 
'ribunal 
Treaty, 
sk  that, 
tructiou 
pense  to 
e  takeu 


imients, 
:ame  the 
ts  which 
is  he  did 

[455] 

Qt 

a  single 

nts  after 
\ct. 

from  the 
aid  and 

orica,  of 
lie  insvir- 
f  British 
n  British 

ersisteut 
ble  form 
all  upon 
;o  put  an 

to  exert 
vi- 
ce   [458] 

d, 
dditional 

jc  of  neu- 
els,  with 
the  ports 
d  in  the 


burning  and  destroying  on  the  ocean  of  a  large  number  of  merchant- 
vessels,  and  a  very  large  amount  of  property  belonging  to  the  people  of 
the  United  States. 

"  8.  That,  in  addition  to  this  direct  injury,  the  action  of  these  British- 
built,  manned,  and  armed  vessels  has  had  the  indirect  effect  of  driving 
from  the  sea  a  large  portion  of  the  commercial  marine  of  the  United 
States,  and  to  a  corresponding  extent  enlarging  that  of  Great  Britain, 
thus  enabling  one  portion  of  the  British  people  to  derive  an  unjust 
advantage  from  the  wrong  committed  on  a  friendly  nation  by  another 
portion. 

"  9.  That  the  injuries  thus  received  by  a  country  which  has  meanwhile 
sedulously  endeavored  to  perform  all  its  obligations  owing  to  the  imper- 
fection of  the  legal  means  at  hand  to  i)revent  them,  as  well  as  the 
[457]  unwillingness  t«  seek  for  more  *stringent  powers,  are  of  so  grave 
a  nature  as  in  reason  and  justice  to  constitute  a  valid  claim  for 
reparation  and  indemnification." 

The  United  States,  with  coiilideiice,  maintain  that  every  point  thus 
asserted  by  Mr.  Adams  has  been  established  by  the  proof  hereinbefore 
referred  to.  In  leaving  in  the  luinds  of  the  Tribunal  this  part  of  their 
Case,  they  think  it  no  impropriety  earnestly  to  call  attention  to  the 
magnitude  of  the  issues  to  be  decided. 

Many  a  vindictive  and  bloody  war  has  grown  t'^*^^  of  less  provocation 
than  the  United  States  thus  suffered  from  a  nation  with  which  they  sup- 
posed that  they  were  holding  friendly  relations.  On  the  4th  of  July, 
1777,  during  the  war  of  the  American  Eevolution,  Lord  Stormout  was 
instructed  to  say  to  the  French  Ministers  that  "  the  shelter  given  to  the 
armed  vessels  of  the  rebels,  the  facility  they  have  of  disposing  of  their 
I)rize8  by  the  connivance  of  the  (Toveruinent,  and  the  conveniences 
allowed  them  to  refit,  are  such  irrefragable  proofs  of  support,  that 
scarcely  more  could  be  done  if  there  was  an  avowed  alliance  between 
France  and  them,  and  that  we  Hvere  in  a  state  of  war  with  that  King- 
dom." He  was  also  directed  to  say  that  however  desirous  of  maintain- 
ing the  peace,  His  Britannic  Mjijesty  could  not. "  from  his  respect 
[458]  to  his  honor  and  his  regard  to  the  interest  oi^  his  trading  *sub- 
jects,  submit  to  such  strong  and  public  instances  of  support  and 
protection  shown  to  the  rebels  by  a  nation  that  at  the  same  time  pro- 
fesses iu  the  strongest  terms  its  desire  to  maintain  the  present  harmony 
subsisting  between  the  two  Crowns."* 

The  injuries  inflicted  upon  the  United  States  during  the  insurrection, 
under  the  cover  of  professions  of  friendship,  are  well  described  in  this 
language  of  the  Ministers  of  George  III,  except  that  the  insurgents 
wer%allowed  to  burn,  instead  of  assisted  to  dispose  of  their  prizes.  But 
the  United  States,  although  just  emerging  fi'om  a  successful  war,  with 
all  the  appliances  of  destruction  in  their  grasp,  preferred  to  await  a 
better  state  of  feeling  in  Great  Britain,  rather  than  follow  the  example 
of  that  Government  in  resorting  to  war.  The  time  came  when  Her 
Majesty's  Government  felt  that  it  would  not  be  derogatory  to  the  ele- 
vated position  of  their  Sovereign  to  express  regret  for  the  escape  of 
the  cruisers  and  for  the  depredations  which  they  committed.  The 
United  States,  receiving  this  expression  of  regret  in  the  spirit  in  which 
it  was  made,  stand  before  this  Tribunal  of  Arbitration  to  abide  its  Judg- 
ment. 

If  the  facts  which  they  bring  here  eonstitute,  in  the  opinion  of  the 
Tribunal,  no  just  c  ^use  for  claim  against  Great  Britain,  they  must 


;p 


Vi. 


» Vol.  m,  page-599. 


i'C 


i 


'    f*>i 


182 


SUMMARY   OP   THE   POINTS   ESTADLISHED. 


bow  to  the  *decisiou.  But  if,  on  the  other  liand,  Grciit  Britain  \ii)0] 
sliall  not  be  able  to  cx]ihiin  to  their  coinjnete  satisfaction  the 
charges  and  the  proof  which  they  i)rcsont,  tlio  United  States  will  count 
upon  an  award  to  the  full  extent  of  their  demand.  They  feel  that  it  is 
their  duty  to  insist  before  this  August  Body,  not  only  in  their  own  inter- 
est, but  for  the  sake  of  the  future  peace  of  the  wovl  1,  that  it  is  not  a 
just  performance  of  the  duties  of  a  neutral  to  ])ernut  a  belligerent  to 
carry  on  organized  war  from  its  territories  against  a  Power  with  which 
the  neutral  is  at  peace. 

If  this  Tribunal  shall  hold  that  combined  (»perations  like  those  of 
Bullock,  Fraser,  Treuholm  &  Co.,  lluse,  Ileyliger,  and  others,  (which 
in  the  judgment  of  the  United  States  constituted  an  organizc«l  war.) 
are  legitimate,  their  decision  will,  in  the  opinion  of  the  United  States, 
lay  the  foundation  for  endless  dissensions  aii*l  wars. 

If  wrongs  like  those  which  the  United  States  suil(>red  are  held  by  this 
Tribuiml  to  be  no  violation  of  the  duties  wliich  one  nation  owes  to  an- 
other, the  rules  of  tlie  Treaty  of  Washington  can  ha\e  little  etlective 
force,  and  there  will  be  little  inducement  for  nations  in  future  to  ii<loi)t 
the  peaceful  method  of  arbitration  for  the  settlement  of  their  (itier- 
euces. 

If  it  was  right  to  furnish  the  Nashville  at  Ber*nnula  with  a    [460] 
full  supply  of  coal,  sufficient  to  carry  her  to  Southampton,  instead 
of  what  might  be  necessary  for  her  return  to  Charleston,  the  United 
States  and  the  other  maritime  nations  must  accept  the  doctrine  in  the 
future. 

If  there  was  no  violation  of  international  duty  in  receiving  the 
Sumter  at  Trinidad,  and  in  supplying  her  with  the  fuel  necessary  to 
enable  her  to  continue  her  career  of  destruction,  instead  of  giving  her 
what  was  requisite,  with  her  sailing  power,  to  enable  her  to  return  to 
New  Orleans  or  Galveston,  it  is  important  that  the  maritime  Powers 
should  know  it. 

If  recognized  vessels  of  war,  like  the  SunUer  and  the  Georgia,  may 
be  lawfully  sold  in  a  neutral  port  during  time  of  war,  the  United  States, 
as  a  nation  whose  normal  condition  is  one  of  neutrality,  accept  the 
doctrine. 

If  the  duties  of  a  neutral  in  jireventing,  within  its  territory,  the  con- 
stniction,  arming,  equipping,  or  litting  out  of  vessels  by  one  belligerent, 
which  may  be  intended  to  cruise  against  the  other  belligerent,  or  the 
furnishing  of  arms  or  military  supplies  to  such  vessel,  or  the  recruit- 
ment of  men  for  such  belligerent,  are  to  be  limited  to  the  exercise  of 
the  powers  conferred  upon  the  neutral  Government  by  municipal  law, 
tlie  United  States,  with  their  extended  frontier  on  both  oceans,  • 
have  more  *interest  than  any  other  maritime  Power  in  recogniz-  [4C1] 
iug  that  fact. 

If  the  recognition  of  belligerency  by  a  neutral,  in  favor  of  an  organ- 
ized insurrection,  authorizes  a  so-called  Government  of  insurrectionists 
to  issue  commissions,  which  are  to  protect  vessels  that  may  have  violated 
the  sovereignty  of  the  neutral  from  examination,  inquiry',  or  punishment 
by  the  neutral  authorities  when  again  within  their  jurisdiction,  the 
United  States,  and  other  nations  here  represented,  must  hold  themselves 
at  liberty  in  future  to  conform  to  such  measure  of  duty,  in  that  resiMJct, 
as  may  be  indicated  by  this  Tribunal. 

If  Georgias,  Alabamas,  Floridas,  and  Shenandoahs  may  be  allowed 
to  go  out  from  neu.'^^ral  ports  without  violations  of  international  duty, 
to  prey  upon  the  commerce  of  friendly  nations;  if  it  be  no  offense  to 
recruit  men  for  them  and  to  send  the  recruits  to  join  them  in  Alars, 


Shi 


SUMMARY   OP   THE   POINTS   ESTABLISHED. 


183 


1450] 


1 

P 

II  count 
lat  it  is 
n  inter- 
iH  not  a 
>ront  to 
li  which 

:hose  of 
(wliich 

lmI  war.) 
Stiitos, 

I  by  this 
?s  to  an- 
I'tlec'tivc 
to  ii'lopt 
ir  (utier- 

a    [460] 
id 

3  United 
le  in  the 

ring  the 
ossary  to 
ving  her 
^etnrn  to 
)  Powers 

•gia,  may 
id  States, 
jcept  the 

,  the  con- 
■Uigereut, 
it,  or  the 
e  recruit- 
xercise  of 
cipal  law, 
ns. « 
liz-    [461] 

an  organ- 
ectionists 
e  violated 
mishraent 
ction,  the 
heui  selves 
it  rcsiHict, 

e  allowed 
)nal  duty, 
offense  to 
1  in  Alars, 


Bermudas,  Bahamas,  and  Laurels,  the  United  States  as  a  neutral  will 
be  relieved,  when  other  Staies  are  at  war,  from  a  great  part  of  the 
difticnlties  tJiey  encounter  in  watching  a  long  line  of  coast. 

If  Taliahassees  and  Cliickainaugas  may  bo  constructed  in  neutral  ter- 
ritory, wit^icmt  violation  of  international  duty,  to  serve  as  it  may  suit 
the  pleasure  of  a  belligerent,  alteiiiately  either  as  blockade- 
[462]  runners  or  as  men-of  war,  those  maritime  *nations  whose  noruml 
condition  is  one  of  neutrality  need  not  regret  such  a  doctrine, 
when  viewed,  not  in  the  light  of  princii>le,  but  as  affecting  their  pecu- 
niary interests. 

Ami  if  it  be  no  offenvse,  as  in  the  ease  of  the  I{etril)jition,  to  take  a  cap- 
tured cargo  into  a  neutral  ])ort,  and  there  to  dispose  of  it  witli  tho  knowl- 
edge and  without  the  interference  of  the  local  magistracy,  the  maritinie 
Powers,  knowing  that  such  buccaneering  customs  are  to  be  permitted, 
will  be  the  better  able  to  guard  against  them. 

It  will  depeiul  upon  this  Tribunal  to  say  whetiwr  any  or  all  of  these 
precedcuts  are  to  be  sanctioned  and  are  to  stand  for  future  guidance. 


The  United  States,  in  closing  this  branch  of  the  Case,  desire  to  call 
the  attention  of  the  Tribunal  to  the  fact  that  they  came  out  t,„  ,„n.iucto, 
from  this  long  and  bloody  contest  without  serious  cause  of  ",liM'..,rv;iii',"u,r". 
comi)laint  against  any  nation  except  Great  IJrit^iin.  '•"■'"' '"'"" 

Tho  Executives  of  other  nations  issued  noti(;es  to  their  citiziius  or 
subjects,  enjoining  upon  them  to  remain  neutnd  in  the  contest. 

Belgium  issued  a 'notice  on  the  25th  of  June,  1861,  warning 

[4631    Belgians  against  engaging  as  priva*teers.'    The  Uiuted  Stat<M 

had  never  any  cause  of  complaint  in  this  respect  against  Belgium. 

The  Emperor  of  the  French,  on  the  10th  of  June,  1861,  issued  a  proc- 
lamation conunanding  his  subjects  to  "maintain  a  strict  neutrality  in  the 
struggle  entered  upon  between  the  Go\'ernment  of  the  Union  and  the 
States  which  preteiuled  to  form  a  separate  confederation."^  The  United 
States  refer  to  the  foregoing  recital  of  the  i)roceedings  against  Mr.  Ar- 
man's  vessels,  as  a  proof  of  the  fidelity  with  which,  the  Imperial  Gov- 
ernment maintained  the  neutrality  which  it  imposed  upon  its  subjects. 

The  Government  of  the  Netherlands  forbade  privateers  to  enter  its 
jwrts,  and  warned  the  iidiabitants  of  the  Netherlands  and  the  King's 
subjects  abroad  not  to  accept  letters  of  marque.'  The  United  States 
have  no  knowledge  that  these  directions  were  disobeyed. 

The  Govennnent  of  Portugal  shut  the  harbors  of  the  Portuguese  do- 
minions against  privateers  and  their  juizes.''  Of  this  the  United  States 
had  no  complaint  to  make.  At  a  later  i^riod  that  Government  went 
so  far  "  as  to  forbid  the  coaling  of  any  steamer  designing  to  violate  the 
blockade,"  and  to  "  require  a  bond  to  be  given,  before  allowing 
[464]  *coals  to  be  furnished  at  all,  that  the  ship  receiving  the  supply 
will  not  run  the  blockade.''^  When  the  insurgent  iron-clad  Stone- 
wall came  into  Lisbon  Harbor  in  March,  1865,  it  was  ordered  to  leave 
in  twenty-four  hours.^  The  United  States  bear  willing  testimony  to 
this  honorable  conduct  of  Portugal. 

The  Prussian  Government  announced  that  it  would  not  protect  its 
shipping  or  its  subjects  who  might  take  letters  of  marque,  share  in  j)ri- 

'  Vol.  IV,  page  3.  •■'  Vol.  IV,  page  4. 

3  Vol.  IV,  page  6.  ••  Vol.  IV,  page  7. 

5    ^  Mr.  Harvey  to  Mr.  Scw.ard,  Diplomatic  Correspondence,  1864,  part  4,  page  2%. 
*  Same  to  eanje,  Diplomatic  Corre8X)oudeuce,  1865,  part  3,  page  109. 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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184 


SUMMARY   OP   THE  POINTS   ESTABLISHED. 


vateering  enterprises,  carry  merchandise  of  war,  or  forward  dispatches.^ 
The  Uuited  States  iiave  no  reason  to  suppose  that  the  subjects  of  the 
King  of  Prussia  departed  f^-om  the  line  of  duty  thus  Indicated. 

The  Eussiau  Government  ordered  that  even  "  the  flag  of  men-of-war 
belonging  to  the  seceded  States  must  not  be  saluted."''* 

Spain  followed  France  in  the  track  of  England,'  but  care  was  taken 
to  avoid,  in  the  Koyal  Proclamation,  the  use  of  the  word  "  belligerents."^ 
It  has  been  seen  with  what  fldelity  and  impartiality  the  authorities  at 
Cardenas  carried  out  the  letter  and  the  spirit  of  this  proclama- 
tion, when  the  *Florida  arrived  there  Irom  Nassau,  in  the  sum-  [465] 
mer  of  1862. 

The  Emperor  of  Brazil  required  his  subjects  to  observe  a  strict  neu- 
trality; and  his  Government  informed  them  what  acts  of  the  belliger- 
ents would  forfeit  the  right  of  hospitality.  It  was  ordered  that  "  a  bel- 
ligerent who  has  once  violated  neutrality  shall  not  be  admitted  into 
the  ports  of  the  Empire;"  and  that  "vessels  which  may  attempt  t« 
violate  neutrality  shall  be  compelled  to  leave  the  maritime  territory  im- 
mediately, and  they  shall  be  allowed  to  procure  no  supplies."  These 
rules  were  enforced.  The  Alabama  was  refused  the  hospitality  of  Bra- 
ziliar  ports  in  consequence  of  violations  of  the  neutrality  which  the 
Eraperoi  had  determined  to  maintain.  When  the  Tuscaloosa  came  to 
St.  Catharine's  from  Simon's  Bay,  in  November,  1863,  she  w^s  refused 
supplies  and  ordered  to  leave,  because  she  was  a  tender  and  prize  of  the 
Alabama,  and  was  tainted  by  the  acts  of  that  vessel.  The  commander 
of  the  Shenandoah  boarded  a  vessel  between  Cardiff  and  Bahia,  opened 
the  manifest,  and  broke  the  seal  of  the  Brazilian  Consul ;  for  this  act 
his  vessel,  and  any  vessel  which  he  might  command,  were  excluded 
from  Brazilian  ports.*  The  Imperial  Government,  in  all  these 
proceedings,  appeared  desirous  *of  asseraug  jits  sovereignty,  and  [-kGd] 
of  maintaining  an  honest  neutrality. 

Mr.  Fish,  in  one  of  his  first  utterances  after  he  became  Secretary  of 
State,  expressed  the  sense  which  the  Uuited  States  entertained  of  this 
diftierence  between  the  conduct  of  Great  Britain  and  that  of  other  na- 
tions. "  There  were  other  Powers,"  he  said,  "  that  were  contempora- 
neous with  England  in  similar  concessions;  but  it  was  in  England  only 
that  that  concession  was  supplemented  by  acts  causing  direct  damage 
to  the  United  States.  The  President  is  careful  to  make  this  discrimi- 
BAtion,  because  he  is  anxious,  as  much  as  possible,  to  simplify  the  case, 
and  to  bring  into  view  these  subsequent  acts,  which  are  so  important  in 
determining  the  question  between  the  two  .countries."® 


'  Vol.  IV,  page  8. 
^  Vol.  IV,  page  9. 
s  Vol.  IV,  page  10. 
*Vol.  IV,  pageO. 
6Vol.  VI,  pago538. 
6  Mr.  Fish  to  Mik  M 


y  ui.  A  T  ,  l<u{;o  ir. 

Vol.  VI,  page  538. 

Mr.  Fish  to  Mr  Motley,  May  15, 1869,  Vol.  VI,  page  4. 


•  'I  I 


,-   •    'i  ■    ,    ••^.lv     ■  ■ 


■  II." 


iispatcbes.^ 
ects  of  the 
ted. 
men-of-war 


1  was  taken 
lligerents."^ 
thorities  at 
lama- 
sum-    [465] 

J,  strict  nen- 
the  belliger- 
that  '<  a  bel- 
Imitted  into 

attempt  t# 
territory  im- 
ies."  These 
ility  of  Bra- 
y  which  the 
(osa  cante  to 
wjis  refused 

l)rize  of  the 

commander 
ahia,  opened 

for  this  act 
sre  excluded 
1  these 
and    [4G6] 

Secretary  of 
iued  of  this 
other  na- 
sonterapora- 

gland  only 
•ect  damage 

,8  discrimi- 
ify  the  ease, 
mportant  in 


[467] 


*PART  VI. 


Offer  of  the  Amer- 
i';an    Commissioners 
the   Joint    Hifih 


THE  TRIBUNAL  SHOULD  AWARD  A  SUM  IN  GROSS  TO  THE 

UNITED  STATES. 

In  the  opening  conference  of  the  Joim^  High  Commission  relating  to 
the  Alabama  Claims,  the  American  Commissioners  stated 
the  nature  of  the  demands  of  the  United  States.  They  said 
that  there  were  "  extensive  direct  losses  in  the  capture  and  commission. 
destruction  of  a  large  number  of  vessels  with  their  cargoes,  and  in  the 
heavy  njitional  expenditures  in  the  pursuit  of  the  cruisers,  and  indirect 
injury  in  the  transfer  of  a  large  part  of  the  American  commercial  marine 
to  the  British  flag,  in  the  enhanced  payments  of  insurance,  in  the  pro- 
longation of  the  war,  and  in  the  addition  of  a  large  sum  to  the  cost  of 
the  war  and  the  suppression  of  the  rebellion."  They  further  said  that 
the  amount  of  the  direct  losses  to  individuals  "  which  had  thus  far  been 
presented,  amounted  to  about  fourteen  millions  of  dollars,  without  inter- 
est, which  amount  was  liable  to  be  greatly  increased  by  claims  which 
had  not  been  presented : "  and  that  the  direct  loss  to  the  Government 
. "  in  the  pursuit  of  cruisers  could  easily  be  ascertained  by  certifl- 
[468]    cates  of  Government  accounting  officers."    They  added  that  *"in 

the  hope  of  an  amicable  settlement,  no  estimate  was  made  of  the 
indirect  losses,  without  prejudice,  however,  to  the  right  of  indemnifica- 
tion on  their  account  in  the  event  of  no  such  settlement  being  made."^ 
The  British  Commissioners  declined  to  make  the  "  amicable  settle- 
ment" which  was  proposed  on  the  part  of  the  United  States. 
The  Joint  High  Commission  then  entered  into  negotiations 
whicli  resulted  in  an  agreement  "in  order  to  remove  and 
adjust  all  complaints  and  claims  on  the  part  of  the  United 
States,  and  to  provide  for  the  speedy  settlement  of  such  claims,"  that 
all  the  claims  "  growing  out  of  the  aets  committed  by  the  several  ves- 
sels which  have  given  rise  to  the  claims  generically  known  as  the  Ala- 
bama Claims,"  should  be  referred  to  this  Tribunal  of  Arbitration.  It 
was  further  agreed  that  this  Tribunal,  should  it  find  that  Great  Britain 
had,  by  any  act  or  omission,  failed  to  fulfill  any  of  the  duties  set  forth 
in  the  rules  in  the  sixth  article  of  the  Treaty,  or  recognized  by  princi- 
ples of  International  Law  not  inconsistent  with  such  rules,  might  then 
"  proceed  to  award  a  sum  in  gross  to  be  paid  by  Great  Britain  to  the 

United  States  for  all  the  claims  referred  to  it." 
[469]       *The  claims  as  stated  by  the  American  Commissioners  may 

be  classified  as  follows :  „,„„„,  ,,„^^t 

1.  The  claims  for  direct  losses  growing  out  of  the  destruc-  "' '""  '^'"'""'' 
tion  of  vessels  and  their  cargoes  by  the  insurgent  cruisers. 

2.  The  national  expenditures  in  the  pursuit  of  those  cruisers. 

3.  The  loss  in  the  transfer  of  the  Americau  commercial  marine  to  the 
British  flag. 

4.  The  enhanced  payments  of  insurance. 

6.  The  prolongation  of  the  war  and  the  addition  of  a  large  sum  to  the, 
cost  of  the  war  and  the  suppression  of  the  rebellion. 
So  far  as  these  various  losses  and  expenditures  grew  out  of  the  acts 

1  Ante,  pages  10, 11. 


Reject  ion  of  th« 
Offer  by  the  British 
CoHimissioners, 

Terms  of  tho  sub- 
mission  by  the 
Treaty. 


186 


A   SUM  IN   GROSS   SHOULD   BE   AWARDED. 


Government  vesKle. 


Merchant  •vessels. 


lU' 


committed  by  the  several  cruisers,  the  United  States  are  entitled  to  ask 
compensation  and  remuneration  therefor  before  this  Tribunal. 
The  claims  for  direct  losses  growing  out  of  the  destruction  of  vessels 
.^^    ^    ^^  andtheircjirgoesma.y  be  further  subdivided  into:  1.  Claims 
orSniS'rfx™-  for  destruction  of  vessels  and  property  of  the  Government  of 
.eUtti.  c«r.oe..      tlio  Unitcd  Statcs.    2.  Claims  for  the  destruction  of  vessels 
and  property  under  the  flag  of  the  United  States.    3.  Claims  for  dam- 
ages or  injuries  to  persons,  growing  out  of  the  destruction  of  each  class 
of  vessels.    In  the  accompanying  Volume,  VII,  the  Tribunal  will 
find  ample  data  for  determining  ♦the  amount  of  damage  which    [470] 
should  be  awarded  in  consequence  of  the  injuries  inflicted  by 
reason  of  the  destruction  of  vessels  or  i)roperty,  whether  of  the  Gov- 
ernment or  of  i)rivate  persons. 
The  Government  vessels  destroyed  were  of  two  classes — those  under 
tlie  charge  of  the  Treasury  Department,  and  those  in  charge 
of  the  Navy  Department.    The  Tribunal  of  Arbitration  will 
find  in  Volume  VII  detailed  statements  of  this  class  of  losses,  certified 
by  the  Secretary  of  the  Navy,  or  by  the  Secretary  of  the  Treasury,  as 
the  case  may  be. 

The  United  States  reserve,  however,  as  to  this  and  as  to  all  other  classes 
of  claims,  the  right  to  present  further  claims  and  further  evidence  in 
support  of  these  and  such  further  claims,  for  the  consideration  of  this 
Tribunal ;  and  also  similar  rights  as  to  all  classes  of  claims,  in  case  this 
Tribunal  shall  determine  not  to  award  a  sum  in  gross  to  the  United 
States. 
The  United  States,  with  this  reservation,  present  a  detailed  statement 
of  all  the  claims  which  have  as  yet  come  to  their  knowledge, 
for  the  destruction  of  vessels  and  property  by  the  cruisers. 
The  statement  shows  the  cruiser  which  did  the  injury,  the  vessel  destroyed, 
the  several  claimants  for  the  vessel  and  for  the  cargo,  the  amounts 
[471]  insured  upon  each,  and  all  the  other  *facts  necessary  to  enable  the 
Tribunal  to  reach  a  conclusion  as  to  the  amount  of  the  injury 
committed  by  the  cruiser.  It  also  shows  the  nature  and  character  of  the 
proof  placed  in  the  hands  of  the  United  States  by  the  sufferers.  The 
originals  of  the  documents  referred  to  are  on  file  in  the  Department  of 
State  at  Washington,  and  can  be  produced  if  desired.  The  United 
States  only  ask  a  reasonable  notice,  giving  them  sufficient  opportunity 
to  produce  them.  • 

It  is  impossible,  at  present,  for  tine  United  States  to  present  to  the 
Tribunal  a  detailed  statement  of  the  damages  or  injuries  to 
persons  growing  out  of  the  destruction  of  each  class  of  ves- 
sels. Every  vessel  had  its  officers  and  its  crew,  who  were  entitled  to 
the  protection  of  the  flag  of  the  United  States,  and  to  be  included  in 
the  estimate  of  any  sum  which  the  Tribunal  may  see  fit  to  award.  It 
will  not  be  difficult,  from  the  data  which  are  furnished,  to  ascertain  the 
names  and  the  tonnage  of  the  different  vessels  destroyed,  and  to  form 
an  estimate  of  the  number  of  hardy,  but  helpless,  seamen  who  were  thus 
deprived  of  their  means  of  subsistence,  and  to  determine  what  aggre- 
gate sum  it  would  be  just  to  place  in  the  hands  of  the  United  States  on 
that  account.  It  cannot  be  less  than  hundreds  of  thousands,  and  pos- 
sibly millions  of  dollars. 
♦The  United  States  present  to  the  Tribunal  a  detailed  state-  [472] 
EipenJiinrei  in  mcut  of  thc  amouut  of  tho  national  expenditure  in 
pursuit oicruisera.  ^i^q  pursult  of  thc  iusurgcnt  cruisers,  verified  in  the  manner 
proposed  by  the  American  members  of  the  Joint  High  Commission. 
The  aggregate  of  this  amount  is  several  millions  o^.  dollars. 


Ifijariefl  to  persoiitt. 


titled  to  ask 
al. 

)n  of  vessels 
):  1.  Claims 
)vernment  of 
on  of  vessels 
inis  for  dam- 
of  eacli  class 
al  will 

which    [470] 
ed  by 
of  the  Gov- 

-those  under 
ose  in  charge 
bitration  will 
3ses,  certified 
Treasury,  as 

[other  classes 
r  evidence  in 
ration  of  this 
3,  in  case  this 
a  the  United 

led  statement 

ir  knowledge, 

the  cruisers. 

seldestroyed, 

the  amounts 

to  enable  the 

of  the  injury 

aracter  of  the 

ifferers.    The 

epartment  of 

The  United 

opportunity 

tresent  to  the 
or  injuries  to 

class  of  ves- 
re  entitled  to 
5  included  in 
;o  award.  It 
ascertain  the 
,  and  to  form 
ho  were  thus 

what  aggre- 
;ed  States  on 

ds,  and  pos- 

I  state-    [472] 
lure  in 

the  manner 
I  Commission. 


A  SUM  IN   GROSS  SHOULD  BE  AWARDED. 


187 


the 


The  United  States  ask  the  Tribunal  of  Arbitration  to  estimate 
amount  which  ought  to  be  paid  to  them  for  the  transfer  of    Tr„„..r,r..f  vcMeii 
the  American  commercial  marine  to  the  British  flag,  in  con-  '° "'"  ""li-h""* 
sequence  of  the  acts  of  the  rebel  cruisers. 

On  the  13th  of  May,  1864,  Mr.  Cobden  warned  the  House  of  Commons 
of  the  great  losses  which  the  United  States  were  suffering  in  this 
respect.    He  said : ' 

'     "  You  have  been  carrying  on  hostilities  from  fhese  shores  against  the 
people  of  the  United  States,  and  have  been  inflicting  an  amount  of  dam- 
age on  that  country  greater  than  would  be  produced  by  many  ordinary 
wars.    It  is  estimatetl  that  the  loss  sustained  by  the  capture  and  burn- 
ing of  American  vessels  has  been  about  $15,000,000,  or  nearly  £3,000,000 
sterling.    But  that  is  a  small  part  of  the  injury  which  has  been  inflicted 
on  the  Ameticau  marine.    We  have  rendered  the  rest  of  her  vast 
[473]    mercantile  property  for  the  present  value*less.  •  Under  the  sys- 
tem of  free  trade,  by  which  the  commerce  of  the  world  is  now  so 
largely  carried  on,  if  you  raise  the  rate  of  insurance  on  the  flag  of  any 
Maritime  Power  5'ou  throw  the  trade  into  the  hands  of  its  competitors, 
because  it  is  no  longer  profitable  for  merchants  or  manufacturers  to  em- 
ploj"^  ships  to  carry  freights  when  those  vessels  become  liable  to  war 
risks.    I  have  here  one  or  two  facts  which  I  should  like  to  lay  before 
the  honorable  and  learned  gentleman,  in  order  to  show  the  way  in  which 
this  has  been  operating.    When  he  has  heard  them,  he  will  see  what  a 
cruel  satire  it  is  to  say  that  our  laws  have  been  found  suflftcient  to  en- 
force our  neutrality.  1  hold  in  my  hand  an  account  of  the  foreign  trade 
of  Now  York  for  the  quarter  endi/g  June  30, 1860,  and  also  for  the 
quarter  ending  June  30, 1803,  which  is  the  last  date  up  to  which  a  com- 
parison is  made.    I  find  that  the  total  amount  of  the  foreign  trade  of 
New  York  for  the  first-mentioned  period  was  $92,000,000,  of  which 
$62,000,000  were  carried  in  American  bottoms  and  $30,000,000  in  for- 
eign.    This  state  of  things  rapidly  changed  as  the  war  continued,  for  it 
api>ears  that  for  the  quarter  ending  June  30, 1863,  the  total  amount  of 
the  foreign  trade  of  New  York  was  $$8,000,000,  of  which  amount 
$23,000,000  were  carried  in  American  vessels  ajid  $65,000,000  in 
[474]    foreign,  the  change  *  brought  about  being  that  while  in  1860  two- 
thirds  of  the  commerce  of  New  York  were  carried  on  in  Ameri- 
can bottoms,  in  1863  three-fourths  were  carried  on  in  foreign  bottoms. 
You  see,  therefore,  what  a  complete  revolution  must  have  taken  place 
in  the  value  of  American  shipping;  and  what  has  been  the  conse- 
quence ?    That  a  very  large  transfer  has  been  made  of  American  ship- 
ping to  English  owners,  because  the  proprietors  no  longer  found  it  profit- 
able to  carry  on  their  business.     A  document  has  been  laid  on  the 
table  which  gives  us  some  important  information  on  tftiis  subject.     I 
refer  to  an  account  of  the  number  and  tonnage  of  United  States  vessels 
which  have  been  registered  in  the  United  Kingdom  and  in  the  ports  of 
British  North  America  between  the  years  1858  and  1863,  both  inclusive. 
It  shows  that  the  transfer  of  United  States  shipping  to  English  capi- 
talists in  each  of  the  years  comprised  in  that  period  was  ajs  follows : 
"  In  1858,  vessels  33,  tonnage  12,684. 
"  In  1859,  vessels  49,  tonnage  21,308. 
"  In  1860,  vessels  41,  tonnage  13,638.  •■    .  ' 

"  In  1861,  vessels  126,  tonnage  71,673.         ,      •   . 
«'  In  1862,  vessels  135,  tonnage  64,578.  ^        -. 

•    "  In  1863,  vessels  348,  tonnage  252,579.2        1  > - 

» Hansard,  Sd  series,  Vol.  175,  pp.  496-50p ;  Vol.  V,  page  589. 

^  In  the  year  1864  cue  hundred  and  six  vessels  were  transferred  to  the  British  flag, 
with  an  aggregate  tonnage  of  93,052  tons. 


188 


A   SUM   IN   GBOSS   SHOULD   BE   AWARDED. 


.  n'- 


*"  I  am  told  that  this  operation  is  now  going  on  as  fast  as  ever.  [475] 
Now,  I  hold  this  to  be  the  most  serious  aspect  of  the  question 
of  our  relations  with  America.  I  care  very  little  about  what  newspa- 
pers may  write,  or  orators  may  utter,  on  one  side  or  the  other.  We  may 
balance  off  an  inflammatorj^  speech  from  an  honorable  member  here 
against  a  similar  speech  made  iu  the  Congress  at  Washington.  We  may 
pair  off  a  leading  article  published  in  New  York  against  one  published 
in  London ;  but  little#consequeuce,  I  suspect,  would  be  attached  to 
either.  The  two  countries,  I  hope,  would  discount  these  incendiary  ar- 
ticles, or  these  incendiary  harangues,  at  their  proper  value.  But  what 
I  do  fear  in  the  relations  between  these  two  nations  of  the  same  race, 
is  the  heaping  up  of  a  gigantic  material  grievance,  such  as  wo  are  now 
accumulating  by  the  transactions  connected  with  these  cruisers;  be- 
cause there  is  a  vast  amount  of  individual  suffering,  personal  wrong, 
and  personal  rancor  arising  out  of  this  matter,  and  that  in  a  country 
where  popular  feeling  rules  in  public  affairs.  I  am  not  sure  that  any 
legislation  can  meet  this  question.  What  with  the  high  rate  of  insur- 
ance, what  with  these  captures,  and  what  with  the  rapid  transfer  of 
tonnage  to  British  capitalists,  you  have  virtually  made  valueless 
that  vast  property.  Why,  if  you  had  gone  and  helped  *the  Con-  [476] 
federates  by  bombarding  all  the  accessible  seaport  towns  of 
America,  a  few  lives  might  have  been  lost  which,  as  it  is,  have  not  be^n 
sacrificed,  but  you  could  hardly  have  done  more  injury  in  destroying 
property  than  you  have  done  by  these  few  cruisers." 

With  the  reservations  already  stated,  the  United  States  present  the 
E»i,«nced  rates  of  amouut,  SO  far  as  it  has  come  to  their  knowledge,  of  the  en- 
in»urancc.  hauccd  puyments  of  insurance,  caused  by  the  acts  of  the 

insurgent  cruisers.  All  of  these  cruisers  came  from  Enff'.cnud;  and 
should  the  Tribunal  find  Great  Britain  responsible  for  the  injuries 
caused  by  their  acts,  it  cannot  be  denied  that  the  war  risk  was  the  re- 
sult of  their  dispatch  from  British  ports.  The  amount  of  this  injury,  so 
far  as  yet  known  to  the  United  States,  appears  in  Vol.  VII. 

It  is  impossible  for  the  United  States  to  determine,  it  is  perhaps  im- 
proionsationof  the  possiblo  for  auy'Suc  to  estimate  with  accuracy,  the  vast  in- 
^'^'"-  Jury  which  these  cruisers  caused  in  prolonging  the  war. 

The  great  exertions  which  were  made  iu  the  months  of  April,  May, 
and  June,  18G3,  to  secure  arms  and  ammunition  for  immediate  use  in 
Kichmond  have  already  been  noted.  Letter  followed  letter  in  rapid 
succession,  urging  Walker  to  forward  the  desired  articles  without 
delay.  The  energetic  measures  which  Walker  took  to  obtain  *coal  [477] 
to  enable  him  to  comply  with  his  instructions  have  been  com- 
mented on.  The  insurrection  was  at  that  moment  gathering  itself  up 
for  a  blow  which  was  intended  to  be  final  and  decisive. 

On  the  29th  of  April  in  that  year  Grant,  having  taken  an  army  past 
the  fortifications  of  Vicksburg,  began  the  attack  upon  Grand  Gulf,  and 
from  that  day  conducted  his  operations  with  such  vigor  that,  by  the 
2l8t  of  May  he  had  defeated  the  armies  of  such  insurgents  in  five  pitched 
battles,  and  had  commenced  the  investment  of  Vicksburg.  In  the  At- 
lantic States  the  fortunes  of  the  United  States  had  been  less  favorable. 
The  Army  of  the  Potomac  under  Hooker  had  met  with  a  decided  reverse 
at  Ohancellorsville,  and  was  resting  inactive  after  the  failure. 

The  military  authories  at  Kichmond,  having  received  the  supplies 
which  Walker  had  forwarded,  selected  this  moment  for  a  blow  in  Penn- 
sylvania, which  was  intended  at  once  to  relieve  Vicksburg,  and  decide 
the  contest.  History  tells  how  utterly  they  failed.  After  three  days  of 
bloody  fighting,  Lee  retired  from  Gettysburg  discomfited.  The  same 
day  Grant  entered  Vicksburg  and  opened  the  Mississippi. 


ever.    [475] 
jstion 

hat  newspa- 
r.  We  may 
ember  here 
a.  We  may 
le  published 
attached  to 
cendiary  ar- 
.  But  what 
>  same  race, 
wo  are  now 
jruisers;  be- 
lonal  wrong, 
in  a  country 
ire  that  any 
ate  of  insur- 
transfer  of 
ueless 

eCon-    [476] 
ns  of 

ive  not  been 
1  destroying 

1  present  the 
je,  of  the  en- 
j  acts  of  the 
ifflaud;  and 
the  injuries 
was  the  re- 
is  injury,  so 

Iperhaps  im- 
the  vast  iu- 
;he  war. 
April,  May, 
Idiate  use  in 

r  in  rapid 
Ithout 
*coal    [477] 

com- 

g  itself  up 

army  past 

Id  Guif,  and 

Jhat,  by  the 

ive  pitched 

In  the  At- 

favorable. 

Ided  reverse 

le  supplies 
bw  in  Penn- 
land  decide 
]ree  days  of 
The  same 


A  SUM   IN  GROSS  SHOULD  BE  AWARDED. 


189 


The  4th  day  of  July,  1863,  saw  the  aggressive  force  on  land  of  the 
insurrection  crushed.  From  that  day  its  only  hope  lay  in  pro- 
[478]  longing  a  defense  "until,  by  the  continuance  of  the  permitted 
violations  of  British  neutrality  by  the  insurgents,  the  United 
States  should  become  involved  in  a. war  with  Great  Britain.  The  in- 
surgents had,  at  that  time,  good  reason  to  look  for  that  result.  The 
Florida,  the  Alabama,  the  Georgia  had  left  British  ports  for  the  purpose 
of  carrying  on  war  against  the  United  States,  and  were,  nevertheless, 
received  with  unusual  honors  and  hospitality  in  all  the  colonial  ports  of 
Great  Britain.  Only  ten  days  beibre  the  battle  of  Gettysburg,  the  judge 
who  presided  at  the  trial  of  the  Alexandra  had  instructed  the  jury  that 
no  law  or  duty  of  Great  Britain  had  been  violated  in  the  construction 
and  dispatch  of  the  Alabama.  About  three  months  before  that  time 
Her  Majesty's  Government  had  decided  that  they  would  not  recommend 
Parliament  to  enact  a  more  eftective  law  for  the  preservation  of  neu- 
trality. Laird  was  constructing  the  rams  in  Liverpool  under  the  exist- 
ing interpretation  of  the  law,  and  the  British  Government  was  refusing 
to  interfere  with  them.  The  Chancellor  of  the  Exchequer,  five  days  be- 
fore the  battle  of  Gettysburg,  had  declared  in  the  House  of  Commons, 
si)eaking  not  individually,  but  in  the  plural,  "  We  do  not  believe  that 
the  restoration  of  the  American  Union  by  force  is  attainable."  Under 
these  circumstances  the  insurgents  made  great  exertions  to  keep 
[479]  the  "Florida,  the  Alabama,  and  the  Georgia  afloat,  and  to  stimu- 
late their  officers  and  crews  to  renewed  destruction  of  the  com- 
merce of  the  United  States.  They  counted,  not  without  reason,  upon 
inflaming  popular  passion  in  the  United  States  by  the  continuance  of 
these  acts,  until  the  people  should  force  the  Government  into  a  retalia- 
tion upon  Great  Britain,  the  real  author  of  their  woes.  In  pursuance 
of  this  policy  they  withdrew  their  military  forces  within  the  lines  of 
Kichmond,  and  poured  money  into  Bullock's  hands  to  keep  afloat  and 
increase  his  British-built  navy,  and  to  send  it  into  the  most  distant  seas 
in  pursuit  of  the  merchant  marine  of  the  United  States. 

Thus  the  Tribunal  will  see  that,  after  the  battle  of  Gettysburg,  the 
offensive  operations  of  the  insurgents  were  conducted  only  at  sea, 
through  the  cruisers ;  and  observing  that  the  war  was  prolonged  for 
that  purpose,  will  be  able  to  determine  whether  Great  Britain  ought 
not,  in  equity,  to  reimburse  to  the  United  States  the  expenses  thereby 
entailed  upon  them. 

On  all  these  points  evidence  is  presented  which  will  enable  the 
Tribunal  to  ascertain  and  determine  the  amount  of  the  sev-  imerestciaimejto 
eral  losses  and  injuries  complained  of.  To  the  amount  thus  «'=<!"»=  of  p»j"''™t- 
shown  should  be  added  interest  upon  the  claims  to  the  day  when 
[480]  the  award  is  payable  by  the  terms  of  the  Treaty,  "namely,  twelve 
months  after  the  date  of  the  award.  The  usual  legal  rate  of 
interest  in  the  city  of  New  York,  where  most  of  the  claims  of  individuals 
are  held,  is  seven  per  cent,  per  annum.  In  some  of  the  States  it  is 
greater ;  in  few  of  them  less.  The  United  States  make  a  claim  for'in- 
terest  at  that  rate.  The  computation  of  the  interest  should  be  made 
from  an  average  day  to  be  determined.  The  United  States  suggest  the 
1st  day  of  July,  1863,  as  the  most  equitable  day. 

They  earnestly  hope  that  the  Tribunal  will  exercise  the  power  con-% 
ferred  upon  it  to  award  a  sum  in  gross  to  be  paid  by  Great 
Britain  to  the  United  States.    The  injuries  of  which  the 
United  States  complain  were  committed  many  years  since. 
The  original  wrongs  to  the  sufferers  by  the  acts  of  the  insurgent  cruisers 
have  been  increased  by  the  delay  in  making  reparation.*   It  will  be 


Reason. 4  why  a 
grc^s  Auni  bhould  bo 
awurdeJ. 


J'i 


1  '■ 


190 


A  SUM  IN  GROSS  SHOULD  BE  AWARDED. 


unjust  to  impose  furthet  delay,  and  the  expense  of  presenting  claims  to 
another  Tribunal,  if  the  evidence  which  the  United  States  have  the 
honor  to  present  for  the  consideration  of  these  Arbitrators  shall  prove 
to  bo  suflicient  to  enable  them  to  determine  what  sura  in  gross  would 
bo  a  just  compensation  to  the  United  States  for  the  injuries  and  losses 
of  which  they  complain. 

Above  all  it  is  in  the  highest  interest  of  the  two  great  Powers 
which  appear  at  this  bar,  that  the  *causes  of  difterence  which    [481  ] 
have  been  hereinbefore  set  forth  should  be  speedily  and  forever 
set  at  rest.    The  United  States  entertain  a  confident  expectation  that 
Her  Majesty's  Government  will  concur  with  them  in  t^is  Q|)inion. 


I 

•  .  ■■•;.--jK'  •■'•>-T!     V.'-' 

.    .    , -•:■ '.'« ; 


■).■:■■:;.'; 


ing  claims  to 
les  have  the 
}  shall  prove 
gross  woiikl 
js  aiul  losses 

•owers 
which    [481] 
orever 

ectation  that 
pinion. 


INDEX. 


Oen«»«  PerenJ 

editiou  eil.tlM 

Page*  /'fiya 

Adams,  CirARtES  Francis  : 

•       da jr  of  i>iobablo  axrival  in  London  known  in  advanoo 5G  28 

arrives  in  London 57  "iS 

comments  on  negotiations  regarding  declaration  of  Paris. . .  78  3(i 

complains  of  doings  at  Nassau 232  95 

com]iluins  of  insurgent  operations  in  British  jurisdiction. . .  248  101 
says  insurgent  government  is  interested  in  blockade-running  282-284    114-115 

further  representations  as  to  blockade-runners 288  117 

representations  as  to  the  Honduras 289  117 

notiflesEarl  Russell  that  sale  of  Sumter  will  not  be  recognized  321  I'JO 

informs  Earl  Russell  of  the  character  of  the  Florida 335  135 

brings  to  Earl  Russell's  notice  treatment  of  Florida  in  colonies  361  144 

calls  Earl  Russell's  attention  to  the  Alabama 3G6  147 

sends  Earl  Russell  aiiidavits  regarding  Alabama 373  149 

confers  with  Earl  Russell  about  the  Alabama 375  150 

complains  to  Earl  Russell  of  the  Georgia 397  158 

complains  to  Earl  Russell  of  enlistments  for  the  Georgia  . . .  399, 400  159 

complains  to  Earl  Russell  of  the  Georgia 404, 405  161 

complains  to  Earl  Russell  about  the  Shenandoah 421, 450    167, 178 

complai ns  to  Earl  Russell  about  the  Laurel 452  179 

Adams,  John  Quiwcy  : 

correspondence  regarding  claims  of  Portugal 139-145  60-62 

Admiralty  Axr  colonial  instructions  : 

of  January  31, 1862,  unfriendly  to  United  States 229  94 

abstract  of  those  instructions 233  96 

,Agrippina,  Thk: 

takes  stores  and  coal  to  Alabama  at  Terceira 378  151 

takes  coal  to  same  at  Martinique 382  152 

Ajax,  The  : 

inquiries  as  to ,....  293  120 

Alabama,  The.: 

short  sketch  of 243  99 

Lord  Russell  thinks  it  a  scandal  to  British  laws , . . .  254  104 

description  of 364  14(» 

built  for  insurgent  man-of-war 365  146 

contracted  for  by  Bnlleck 365  146 

crew  of,  wages  paid  by  Frasor,  Trenholm  &  Co 366  14C 

customs  oflBcers  report  her  a  man-of-war 368  147 

attention  of  Liverpool  collector  called  to  her ;  369  147 

ho  sees  nothing  wrong  in  her 369  148 

Mr.  R.  P.  Collier's  opinion  taken  as  to '     370  148 

affidavits  as  to  character  of  obtained  and  officially  commu- 
nicated to  British  government 371  148 

these  affidavits  remain  a  week  unftcted  upon 373  149 

orders  then  given  to  detain 37S  149 

orders  revealed  and  Alabama  escapes 575  150 

goes  to  Moelira  Bay  and  ftie  Hercules  follows  next  daj  with 

crew... 376  150 

gross  inefficiency,  or  worse,  of  the  collector 376  150 

the  Alabama  proceeds  to  Terceira 377  151 

receives  arms,  stores,  and  coal  fiom  Bahama  and  Agrippina.  378  151 

was  adapted  for  warlike  purposes  when  she  left  Liverpool..  379  151 

'vas  fitted  out  there,  at  least  in  part 380  15S 

Sommes's  opinion  of  the  vessel 381  162 

she  receives  coal  fi'om  Agrippina  at  Martinique 382  152 

ie  received  at  Jamaica  08  a  man-of-war 382  152 


r  I 


;! 


U 


192 


INDEX. 


U 


►  it   1 

{  ! 

1  , 

1 

j 

1  ; 

Alabama,  Til  r: 
,    ^  uuuH  t<>  Brazil  and  tlio  Capo  of  Gowl  Hopo 

Mr.  AtlaitiH  coniplains  to  Ltirl  KuhacU 

licr  tender,  the  '1  UHcaloosa,  (seo  Tuscaloosa) 

shocoixlH  at  Singapore 

hIio  coiilM  again  at  Tablo  Hay 

is  liimk  oft'  Chorbourg  by  tho  KearHargo 

reasons  why  Great  Britain  is  liable  lor  l»cr  acts 

Ai.An,  TiiK : 

takes  arras  and  stores  to  tho  Georgia 

Alkxandha,  Tiik  : 

rnllng  of  tho  court  in  tho  case  of. , 

Holzuro,  trial,  and  acquittal 

ruling  of  tho  court  in,  emasculated  the  foreign  enlistment  act 
of  1819 

Amendments  ; 

of  municipal  laws  may  be  asked  by  a  belligorwit 

of  law  of  181D  asked  by  tho  United  States  and  refused 

Amphion,  Tiik  : 

inquiries  aato 

Arciikr,  Tub  : 

career  of 

Akman.    (See  Bullock;  France.) 

Arming  : 

when  arming  a  vcshcI  is  a  violation  of  neutrality 

should  be  prevented  by  due  diligence 

Ayliffe  : 

views  as  to  diligence  and  negligence not« . 

Bahama  : 

takes  out  Florida's  armament.. 

arrival  at  Nassau 

arms  and  crow  from,  for  Alabama.. 

Barbadoes  ; 

a  base  of  hostile  operations 

Baring,  Thomas  : 

speech  on  tho  Georgia 

Belgium  : 

course  of  the  government  of,  contrasted  with  that  of  the 
British  government 

BEU^GVinKSis,  (bog  Blockade  ;  Euaaell :) 

insurgents  recognized  as 

recognition  determined  upon  before  May  1, 1861 

Franco  oonsulted  as  to  recognition 

answer  of  the  French  government 

President's  proclamation  not  then  received , . . . 

privateering  of,  legalized  by  Queen's  proclamation 

right  to  issue  such  proclamation  not  denied 

it  was  an  unfriendly  act 

and  issued  with  an  unfriendly  purpose 

may  ask  to  have  defective  neutrality  laws  amended 

Benjamin,  Judaii  P.: 

sends  agents  of  insurgent  war  department  to  Nassau 

Bermuda : 

(steamship)  runs  blockade  with  arms,  &c 

(island)  well  .adapted  as  a  depot  of  inimigent  sui]f)lic8 

an  insurgent  depot  established  there 

Bernard,  Mr.  Mountague: 

computes  amount  of  cotton  in  1861 ,note. 

statement  regarding'  Fraser,  Trenholm  &Co note . 

!,'']        describes  Nassau note. 

'  ;'        describes  the  Alexandra note. 


462 


Swonil 


•aitioa 

tdilion. 

/>«»«. 

Page. 
t 

383 

383 

388,387 

380 

380 
387 
388 

153 
153 
153,  l.')4 
154 
154 
154 
155 

396 

158 

• 

161 

258 

68 
10.1 

259 

106 

147 
251,253 

63 
103 

297 

120 

363 

145 

159 
211 

68 
87 

153 

65 

334 

337 
378 

135 
136 
151 

368 

143 

401 

160 

183 


47 

25 

50 

26 

52 

27 

53 

27 

53 

27 

58 

29 

63 

31 

63 

31 

64 

31 

147 

6S 

224 

92 

221 

91 

224 

92 

238 

98 

219 

90 

220 

91 

224 

92 

258 

105 

SfTond 
Pagt- 

153 

lbs 

153, 154 
154 
154 
154 
155 

158 

C8 
105 

lOfi 

63 
103 

1-20 

145 


C8 
87 

C5 

135 
136 
151 

143 

160 


462 


224 


183 


47 

26 

50 

26 

52 

27 

53 

27 

53 

27 

58 

29 

63 

31 

63 

31 

64 

31 

147 

63 

92 


221 

91 

224 

92 

238 

98 

219 

90 

220 

91 

224 

92 

258 

105 

INDEX. 


fl«tUi*ll 

,       ■*  edition, 

Pait. 

Beknaud,  Mr.  Moi'ntaoi'k: 

uivuH  liHt  of  vcHscls  «l(!taiii<'«l  by  Groat  liritaiii 296 

EiH  criticiHiii  on  Mr,  Fi.sli'H  <lis|iat<  h  not  HUMtiiinod 300 

his  HtiitoiniMit  loncisrning  till)  Floridii ..note  344 

his  HtiitiMiuMit  iiH  to  proHociitioiiH  for  olVunseu  nguinut  iuroigu 

oiiliHtnumt  tict 400 

IJi,ACK8ToNK,  Sill  William: 

detiiieH  (txtont  uiul  forco  of  law  of  natioua 120 

Block adk: 

»        notice  of,  l)y  prnclannition 45 

procluumtiou  of,  when  news  of,  recoivc^d  in  England 47 

an  iiuiMsifect  copy  Hubniittcd  to  law  ofTlcci's 

for  opinion 49 

BLOCKADK-nUNNEUS : 

general  character  of,  determined  by  insnrgont  government..  223 

converted  into  men-of-war,  and  vice  vcrnn 414 

Blockadk-hunnixg  : 

opera!  ions  in  lf'fi2 237 

operations  in  18G3 274 

iiiHiugent  government  interested  in <. 278 

complaints  thereof  to  British  government 282 

answiir  that  it  is  no  olVeiiso 282 

fnrther  proof  of  insnrgent  interest  in 286 

Bluntschli,  Dii.: 

deiinition  of  ncntrality 123 

criticism  on  the  Alabama 171 

Bkazil  : 

course  of  the  government  of,  contro^sted  with  that  of  the 

government  of  Great  Britain 465 

BniGiiT,  Mu. : 

views  as  to  the  Queen's  proclamation 62 

speech  of,  March.  13, 1865 91 

Bullock,  Jamks  Dunwoodv  : 

sent  to  England  by  the  insurgents 218 

arrives  there  in  the  siunmer  of  1801  240 

has  an  olHco  with  Fraser,  Trenhohn  &  Co 241 

contracts  for  Florida  and  Alabama 241, 305 

superintends  construction  of  rams 2(il 

contracts  for  construct  ion  of  men-of-war  iu  Franco 2G6 

remittances  to 209 

writes  Waddell  to  stop  destruction  by  Shenandoah 448 

BUIiDEN  OF  THOOF  : 

thrown  upon  Great  Britain  to  show  that  it  exercised  dili- 

genco 319 

Caiuns,  Loud: 

definition  of  due  diligence 157 

comment  on  the  word  "  escape  " note  216 

Calvo : 

collects  authorities  defining  neutrality 124 

Campbell,  Lord  : 

views  as  to  effect  of  Queen's  proclamation 59 

was  Lord  Chancellor  when  proclamation  issued 98 

Canning,  Mr.  : 

his  opinion  regarding  conduct  of  United  States  as  a  neutral. .  107 

Cape  Town,  (see  Tuscaloosa :) 

Alabama  at 380 

Georgia  at 401 

Chickamauga  : 

description  of,  and  her  career 413 

shifts  from  blockade-runner  to  man-of-war 413 

reasons  whv  Great  Britain  liable  for  acts  of 415 

S.  Ex.  31 13 


193 


fKllli'ttl. 

Pag*. 

I'.'O 
121 

138 

159 


53 

24 
25 

23 

92 
104 

97 
111 
113 
114 
114 
116 

54 
72 


184 

30 
41 

90 

99 

99 

99,140 

106 

108 

109 

177 


123 

67 

89 

54 

29 

44 

49 

154 

160 

164 
164 
165 


i 


194 


INDEX. 


f  I 


m\  1 


arni'vn  Fifi-nnd 

rililliiri.  t'diiiiiii, 

•  Piil/t,  I'lifi: 

Claims  ok  tuf,  TTnitt,i>  Statkh  : 

j^riicriil  Htulfiiiciit  (i(,  liy  Amcriciiii  cdniniisMioiuTH 10,40'.)        1),  185 

rcjccfidii  (if,  Ity  Hriti.sh  ('oiniiiiNsiniiri'M. ly,  4(11)       10,  iRf) 

«l<'tail('il  Hliiti'iiifiit  III',  \vlii'i'(t  to  ))()  t'ouiitl  and  hIiouUI  lio  iiict 

h.V  iiward  of  ii  j^nwH  Hiiin 4fli),  4H0     IHS,  181) 

Cl-AitENxi;,  Tiir.: 

cariHr  of y(i:{  145 

Coal,  (sco  .//«//((/»«  ;  dtonjiit;  I'lorida  ;  ShoKiinhKih  :) 

KHiit  iiccil  of  iiiHiiij^ints  ol,  at.  Uriniiiilii,  ill  18(j;j  277  IIH 

wliat.  is  ajiisf  riilc  rcj^anliii^^siipi'lii's  of ,  nolo  ;W5  lUl 

]ti'riiii.ssloii  rcfiiNi'dto  tlio  lliiitod  Stati'H  to  d(>i)()Mit  at  Nassau. .  ItUl)  I'M 

CocKmutN,  Hut  Ai.kxandku; 

oliarpi  to  jiiiy  in  liiyliutt'n  taso Ul)5  157 

CoDDi.N,  UiciiAitn: 

Hays  (Ircat  Uritaiii  Iwih  recognized  duty  to  dotain  ofVciidin^ 

vessel  I'oniin;^  within  itHjiiiindictioii ICtJ-Uifi        CO-70 

ooimnciit.s  on  Io.ms  of  moicantilo  inarino  of  United  States 47;J  I87 

COLLIEII,  1{.  P. : 

Holieitor  fj^eiicral  in  18fl;{,  ami  now  attorney  ;^etieral I570  148 

liiH  o]iinions  in  tlio  Aluliania  mutter IJTO,  '.\72    148, 141) 

COMMI.SSION  : 

t\n  man-of-war,  effect  of  on  offending  vcHsel 202  84 

how  regarded  by  Franco,  Great  Britain,  Spain,  and  I'ortnyal. .  '^OD  Hii 
Common  law  ok  IOxoland  : 

international  law  is  part  of fil,  118  HO,  5-i 

COMl'K.NSATION  I'Oll  IN.IlIItlK.S  : 

when  itNlionldlieinade i:5G,  IC'J        5lt,71 

CoNFicDi'jtATK  STATICS.    (Sco  lumtrcctioii.) 
CoNNKCTicirr : 

repairH  ndused  to,  at  Barbadoea :5.'>7, 442    141J,  175 

CONTIiAllAKD  Ol'  WAU  I 

a  Nlii)>  eoiiMtructed  in  a  nontral  port  for  tho  uso  of  a  liel- 

lijfererit  not  to  bo  confounded  witli 193  80 

opinion  of  Ortolan,  as  to 11)5  81 

opinion  rtfllelfter,  as  to , 1!)()  81 

opinion  of  Chief  Jnstico  Mar.sball.  as  to UOl  8;5 

dealinjjH  in,  in  wliiit  the  trade  of  Nassan  dillered  from !2'J1)  94 

fraudulently  cleared  at  Nassau  for  St.  John's.. , 2;{(>  97 

Cotton : 

fwnislied  means  for  carrying  on  tho  war 218  90 

amount  uiiexported  in  April,  1801 note  219  91 

CltIMK.VN  WAli: 

course  of  Great  Britain  toward  Prussia  duriii}^ 108  48 

Dacotau,  Tiik: 

treatment  of,  at  Bermuda 35'.}  141 

Dall.\s,  MiJ. : 

interview  with  Lord  Jolm  Knssell,  April  9,  18G1  . .......  ....  43  23 

interview  with  same,  May  1,  1801 46  24 

Davis,  Jf.i"1'i;I!son,  (see  InsunTction :) 

chosen  president  of  insurgent  government 37  21 

Ills  spei'eh  acknowledgiui;  tho  same 38  21 

Deposit  ok  (jkiensi;  : 

cannot  be  made  fraudnlently 209,213        86,88 

Diligence  : 

what  is  duo IHO  64 

correlative  with  negligence , 151  04 

;            iieccpsary  extent  o^iu  order  to  escape  resiionaibility 152  05 

-„,           definition  of  term  due  diligence 158  67 

;.,  ;         duty  of  a  neutral  to  exercise 211,212  87 

abandonment  of,  in  advance  by  Great  Britain 250, 317    104, 128 

Drouyn  de  Liiuys: 

his  note  to  Mr.  Dayton,  concerning  iron-clads 267  109 


ini'Vfi  ^'^ftnl! 

lltlni).  I'llitiotl. 


I'<ii/'^. 


Vtm- 


401)  i>,  iHr> 

4()D  10,  i';r> 

,480  1^5,189 

y(i:j  I4r> 

'i77  113 

:wr>  i;»i 


a'J5 


157 


l-lOO 
47-2 

00-70 
lf^7 

0,  :57'i 

148 
148, 141) 

202 

yoi) 

84 
80 

)1,118 

:w,  m 

«i,  IG'J 

r)it,7i 

.7,442    14:1,175 


I'JU 

80 

105 

81 

10(5 

81 

aoi 

83 

220 

04 

230 

97 

218 

90 

219 

91 

108 

48 

353 

141 

43 

23 

4G 

24 

37 

21 

38 

21 

P0,213  80,88 

mo  04 

151  04 

152  (>5 
158  07 

11,212  87 

k3ir  104,128 


INDEX. 

OrncTR 
tfilitiiin. 

Duni.KV,  coNMri. : 

iiin  riit  r^otic  nctioii  ro^urdiiig  thu  Alubuinu 37U 

Kn(1I,ani).    (8co  lircul  Ihilain.) 

EtiL'ii'i'iNd: 

>\lii>ii  r(|ui|miiiL;  a  v«>hno1  in  nn  oflriisit 159 

(li'liiii'd  ill  I  lit!  Ali'xandni  ciisi' l(]l 

(Icliii.d  ill  (lio  lliitisli  act  of  1H7() 101 

hIidiiUI  lie  pniviiilfd  liy  duo  diiij^Diico 211 

EviDKSci:,  (hc(!  Tivulji  of  U'atilihKjtoii  :) 

of  tlir  liiiiU'd  StatcN,  Low  cited  and  uiTimgiHl 30 

Fawckxt,  riii'.wTox  «fc  Co.; 

coiitnict  for  tlio  Florida 241,333 

ri«ir,  Mil.:  J     ,,.  ,.^f. 

liis  iiiHtvuctioiiH  to  Mr.  Motley i     "''  •^".J! 

tlio  idl<«j{atioim  ill  tlio.so  instnictloiiH  Huntaiiutd 30U 

contrasts  llio  coiirso  «)f  Oruut  Urituiii  with  that  of  other 

Ijowers 40G 

Fitting  oirr: 

of  a  vt'HHol,  wlion  a  violation  of  duties  of  a  uoutral 159 

Hhould  bi<  iircviiuted  by  duo  diliyenco 212 

Fl,()iiiDA,  TiiK : 

coiiatruction  of,  advanced  in  Novoinbor,  1801 241 

Mketeli  of  iiroceediiijjs  as  to 242 

iiioiicy  sent  to  NasHiiu  for,  tlirouyli  J.  FraHcr  «fc  Co 240 

l)ro<;ee(liii;>;,s  at  NasHaii  as  to 247 

iiord  lius.sell  lliinkH  it  a  scandal  to  British  laws 254 

linllocic  makes  contract  for 332 

coals  at  Livcritdol  and  registoiH  as  a  Britisii  vessel 333 

arnianient  for,  sliipiied  in  the  Balninia 334 

clears  for  Palermo  and  Jamaica 330 

customs  oilicers  report  to  bo  a  man-of-war 330 

arrives  at  Nassau 337 

procecidiiif^s  against,  at  Nassau 33H 

complaints  as  to,  disregarded 341 

civil  authorities  neglect  duty  in  proceedings  against 343 

judge  disregards  law  and  cvideuco  in  decision  as  to 340 

crow  enlisted  for,  at  Nassau 347 

clearance  of,  for  St.  John's  a  fraud 348 

receives  arms  add  stores  in  British  waters 348 

attempts  to  elude  Spanish  laws  and  fails 350 

enters  and  leaves  Mobile 350 

coals  and  provisions  in  excessive  quantities  at  Nassau 351 

receives  fresh  supplies  at  Barbadoes  iu  one  month  there- 
after   355 

protest  of  Admiral  Wilkes  as  to 355 

receives  repairs  at  Bermuda 3,')8 

goes  to  Brest 359 

receives  crew,  arniaiiuiut,  and  machinery  from  Liverpool 359 

receives  repairs  and  supplies  at  Bermuda 300 

these  repairs  of,  and  supplies  excessive 301 

termination  of  cruise  at  Bahia 302 

career  of  tenders  of 303 

reasons  why  Great  Britain  is  liable  for  acts  of 303 

Foreign  Enlistment  Act  of  1819 : 

is  founded  on  the  United  States  laws 107 

intended  to  aid  in  performances  of  international  duties 108 

duies  recognized  by  it Ill 

commission  to  revise 113 

report  of  commissioners  as  to 114 

-          object  of  proposed  commission 110 

inefficiency  of  the  act 2.50 

propositions  for  amendment  of 251, 253 

declined  by  Great  Britain 251, 253 

emasculated  by  ruling  iu  Alexandra  case 258 


196 


vJitinn 
Pag; 


148 


68 
08 
69 

87 

17 

99, 134 

31,121 
184 
121 

184 

68 

87 

99 
99 
101 
101 
104 
134 
134 
135 
135 
135 
13G 
136 
137 
138 
139 
139 
139 
1:59 
140 
140 
141 

142 
142 
143 
144 
144 
144 
145 
145 
145 
145 

47 

48 

49 

50 

51 

51 

102 

103 

103 

105 


267 


109 


196 


JNDEX. 


m 


l\ 


I  '    'ii 


FoiiEiGN  Enlistment  Act  of  1870 : 

provisions  of 

judicial  construction  of 

its  object,  to  ouablo  Great  Brlialn  to  fulfill  international 

duties 

FlLVNCE : 

joiut  action  of,  invited  and  secured 

how  rcfiards  the  cfl'cct  of  a  commission  on  a  cruiser  ille- 
.  Kiilly  iitted  out 

detains  vessels  constructed  by  Arman 

course  of,  contrasted  with  Great  Britain's 

Fkaski!,  Theniiolm  &  Co. : 

firm  of,  when  fouuded  in  Liverpool 

treasury  depositaries  of  insu  vgeuts 

insuigent  remittances  to  Bullock  through 

supply  Walker  with  coal  at  Bermuda 

pay  wages  of  Alabama  crow , 

Genet,  (see  Washington :) 

commissions  French  privateers  in  United  States  in  1793 

Jelforson's  rebuke  of 

Georgia,  The  : 

sketch  of  career 

built  for  insurgents,  description  of 

crow  for,  engaged  and  shipped  in  Liverpool 

registered  as  a  British  vessel 

aruuid  from  the  Alar ,. 

negligence  of  British  government  as  to 

complaints  of  enlistments  for 

returns  to  Liverpool 

her  career  sketched  by  Mr.  Thomas  Baring 1 

goes  into  dock  at  Liverpool 

captured  by  tlic  Niagara 

reasons  why  Great  Britain  liable  for  acts  of 

Georgiana,  The  : 

inquiries  as  to 

Gettyskukgii  : 

preparations  for  the  battle  of 276, 277 

Gladiatou,  The  : 

insurgents  contract  in  London  to  purchase 

arrives  in  Nassau  with  arms  and  munitions  of  war 

gets  xiurmission  to  break  bulk  and  transship 

Gladstone,  Right  Hon.  W.  E.  : 

declines  to  consider  effect  oi  Qncen'a  proclamation  on  pri- 
vateering   

speech  of  October  7, 1862 89,215 

speech  of  Juno  30,  1803 95 

GkanPara,  The: 

opinion  of  the  court  in  the  case  of 201, 206 

Gi.'anville,  Lord  : 

definition  of  due  diligence 157 

GitEAT  Britain,  (see  Uniicd  States  ;  Crimean  ttar :) 

friendly  relations  of,  with  United  States  before  1860 31 

various  treaties  with 31, 32, 33 

early  informed  of  views  of  Mr.  Lincoln's  Go^'er^ment 42 

joint  action  of,  with  France 45 

invitation  of,  for  such  joint  action  unfriendly 46 

law  of  nations  part  of  law  of 61, 118 

conduct  in  Trent  affair 82 

cabinet  of,  personally  unfriendly  to  United  States 97 

people  of,  with  some  exceptions,  unfriendly 98 

possible  reasons  for  such  unfriendliness 99 

action  of,  influenced  by  it 102 

its  neutrality  laws 1071-18 

proclamation  of  its  neutrality  . . .'. 57, 122 

instructions  to  oiHcials  of,  dnring  insurrection 125 


Geneva 

Second 

edition. 

edition. 

Pagi. 

Pagt 

117 

51 

117 

52 

117 

52 

45 

24 

209 

86 

267 

109 

4,.3 

183 

219 

91 

220 

91 

2(>9 

109 

278 

113 

366 

146 

127 

55 

129 

56 

256 

105 

392 

156 

393 

157 

393 

157 

396 

158 

398 

158 

399 

159 

401 

100 

401 

100 

406 

101 

406 

102 

406 

162 

296 


225 
226 
226 


58 


120 

112 

93 
93 
93 


29 

41,89 

43 

83,85 

67 

19 

19,20 

23 

24 

24 

30, 52 

38 

43 

44 

44 

45 

47-51 

28,53 


117 
117 

117 
45 


SecortJ 

iJitiiin. 

Page 


w 


24 


209 

86 

267 

109 

4,53 

183 

219 

91 

220 

91 

2(>9 

109 

278 

113 

366 

146 

127 

55 

129 

56 

256 

105 

392 

156 

393 

157 

393 

157 

396 

158 

398 

158 

399 

159 

401 

160 

401 

160 

406 

161 

406 

162 

406 

162 

102 


120 


112 


225 

93 

226 

93 

226 

93 

58 

29 

89,215 

41,89 

95 

43 

201,206 

83,85 

157 

67 

31 

19 

51,32,33 

19,20 

42 

23 

45 

24 

46 

24 

61,118 

30,52 

82 

38 

97 

43 

98 

44 

99 

44 

45 


Geneva 

Second 

edition. 

edition 

iXlt*. 

Page. 

129 

5G 

129 

56 

135 

53 

•221 

91 

228 

94 

300 

121 

310 

125 

310 

125 

311 

126 

313 

126 

314 

127 

317 

123 

430 

171 

406 

184 

467 

165 

128 

5(> 

128 

56 

129 

56 

29 


1071-18        47-51 


57,122 
125 


28,53 


&i> 


INDEX.  197 


Great  Britain: 

miuister  ot,  intorvones  against  course  of  Gonet .'. 

reply  of  Mr.  Jefferson  to 

duties  recognized  in  its  correspondence  with  United  States. . 

branclies  of  insurgent  government  established  in 

admiralty  instructions  of,  unfriendly  to  the  United  States. .. 

recapitulation  of  breaches  of  international  duty  of 

the  base  of  the  insurgent  naval  operations 

the  arsenal  of  the  insurgents ^ 

the  systematic  operations  of  the  insurgents  in  a  violation 

of  its  international  duties 

its  neutrality  partial  and  insincere 

hostile  and  unfriendly  acts  tolerated  iu 

abandons  all  diligence  in  advance 

confidential    instructions    of,    supposed    to    conflict    with 

published  instructions  of  January  31, 1862 

course  of,  contrasted  with  the  course  of  other  Powers 

Gross  sum  : 

reasons  for  awarding  a,  to  the  United  States 

Hakjiond,  Mr.  : 

British  minister  to  United  States  in  1793 

complains  of  acts  of  Mr.  Genet 

receives  Mr.  Jefferson's  reply 

Hardwick,  Lord  : 

views  as  to  privateering 59 

Hautefeuille  : 

definition  of  neutralitj' 124  54 

his  views  regarding  construction  of  a  vessel  of  war  on 

belligerent  account  in  neutral  territory 171  72 

Hawk,  The  : 

a  blockade-runner,  inquiries  as  to 297  120 

TTfptor  Thf*  * 

built  for  Great  Britain 296  120 

HEFliTER : 

on  contraband  of  war  and  the  illegal  construction  of  ships 
ofwar 196  81 

Heyliger,  Lewis  : 

appointed  agent  at  Nassau  for  disposal  of  insurgent  cotton, 

and  for  shipment  of  arms  and  supplies 225  03 

has  confidential  relations  with  colonial  authorities 228  !)} 

operations  of,  Ki  18G2,  reviewed 237  1'7 

takes  charge  of  Florida  and  Bahama  at  Nassau 337  ID;) 

Heroui^es,  The,  (see  Alabama :) 

inquiries  as  to 298  120 

HiCKLEY,  Cai>tain,  R.  N.  : 

his  opinion  of  the  Florida  at  Nassau 338  I'.lo 

HusE,  Caleb  : 

sent  to  England  by  the  insurgents 218  t'il 

ships  arms  and  munitions  thence  in  1861 221  I'l 

ordered  to  ship  purchases  to  West  India  Islands 235  07 

operations  of,  iu  1862,  reviewed 237  97 

Insurgents  :  ;  ,  . 

government  interested  in  blockade-running 1 282  11 1 

make  Great  Britain  the  base  of  their  naval  operations 310  l-io 

Insurrection,  (see  BclUgermta :) 

secession  oS  South  Carolina  and  other  States 36  21 

election  of  president  and  vice-president 37  21 

a  largo  party  in  the  South  opposed  to 39  L'J 

letters  of  marque  authorized 44  *J1 

would  have  succumbed  earlier  but  for  aid  from  Great 

Britain 311  121 

International,  The  : 

decision  as  to,  under  foreign  enlistment  act  of  1871 117  52 


198 


INDEX. 


I  I 


International  Law: 

a  part  of  the  common  law  of  England 

Iron-CLADS,  (SCO  Laird's  rams :) 

insurgents'  contract  for  six,  in  1862 

Jacqukmyns.  (See  EoUii.) 
Jamaica  : 

tbc  Alabama  at 

Jay's  Treaty.  (See  UnUcd  States.) 

jEi^FERSON,  Mr.: 

reply  to  Mr.  Hammond's  representations 

his  views  of  tbe  duty  of  a  neutral  nation 

Joint  High  Commission  : 

meeting  at  Washington 

protocol  of  conferences 

Jones  &  Co.; 

ship  ci'ow  for  Georgia  in  Liverpool 

trial  of  members  of,  before  Sir  Alexander  Cockbnrn 

Klingender,  M.  G.  &  Co. : 

connected  with  Fraser,  Trenholm  &  Co note 

purchase  the  Sumter  at  Gibraltar 

and  iiay  the  wages  of  Alabama  crow note 

Laird,  John  : 

speech  of,  April  27, 1863 

&  Son's  contract  for  Alabama 

and  accompany  her  as  far  as  the  buoy  when  she  sails 


Oraeva 

edition. 

Spcotk! 
etlitioii 

Page. 

Page^ 

61, 118 

30,52 

246 

101 

382 


Lairds'  rams  : 

contract  for,  and  construction 

various  representations  by  Mr.  Adams  as  to 

Lord  Russell  refuses  to  interfere  with 

the  seizure  and  detention  of,  not  an  abandonment  of  pre- 
vious lax  rule  by  British  government 

Laurel,  The  : 

takes  arms  and  crew  to  Shenandoah 

Mr.  Adams  complains  of 

Lewis,  Sir  George  Cornwall  : 

says  a  proclamation  will  be  issued  by  the  Queen 

opinion  as  to  the  duties  of  neutrals 

Lincoln,  President,  (sec  United  States ;  Blod-adc:) 

elected  President 

inaugurated 

convenes  Congress,  and  calls  out  militia 

Liverpool : 

branches  of  insurgent  government  established  at , 

collector  of,  notified  as  to  Alabama 

Louisa  Ann  Fanny,  The  : 

inquiries  as  to 

Lyndhurst,  Lord  : 

views  as  to  law  of  England  and  duties  of  neutrals 

Maffitt,  Commander: 

arrives  in  Nassau - 

sends  to  Bullock  men  discharged  from  Florida 

ships  crew  for  Florida  at  Nassau 

Mansfield,  Lord  : 

opinion  in  case  of  Russian  ambassador 

Marsilall,  Chief  Justice  : 

opinion  in  the  Gran  Para  case 

on  the  effect  of  a  commission  upon  a  man-dT-war 

Maury,  The  bark  : 

seized  by  request  of  British  minister  at  Washington 

seizure  without  cause  and  discharged 

Melbourne.    (See  Shenandoah.) 


153 


129 
133 

56 

58 

9 

10 

0 

9 

393 
394 

157 
157 

323 
323 
323 

130 
130 
130 

90 
241 
376 

41 

99 

150 

261 

263 

263, 264 

106 
107 
107 

264 

108 

419 
4.^>2 

166 
179 

56 
60 

28 
30 

36 
42 
44 

21 
23 
24 

221 

369, 371 

91 

147, 148 

298 

120 

60 

30 

227 

269 
347 

93 
110 
139 

119 

52 

201,206 
204 

83,85 
84 

134 
135 

.58 

58 

Spcnnd 
edition 

Page- 

30,52 
101 

153 


29 
33 

56 
58 

9 
10 

9 
9 

!93 
!94 

157 
157 

323 
323 
323 

130 
130 
130 

90 
241 
376 

41 

99 
150 

261 
263 
264 

106 
107 
107 

264 

108 

419 
452 

166 
179 

56 
60 

28 
30 

36 
42 
44 

21 
23 
24 

221 
),371 

91 
147, 148 

298 

120 

60 

30 

227 
269 
347 

93 
110 
139 

119 

52 

1,206 
204 

83,85 
84 

134 
135 

58 
58 

INDEX.  199 

•  Geneva  .'pcnrnl. 

eililian.  editiun 

Fage  Page 

Mercantile  Trading  Company  :  ' 

form  partuorsllip  with  insurgeni  'government 279  113 

Monroe,  James  : 

corrcspomlenco  regarding  claims  of  Portugal 138  59 

Municipal  laws  : 

designed  to  aid  in  performance  of  international  dntj* 106  47 

international  obligation  not  dependent  upon  tliem 106,211  47,87 

an  evidence  of  the  nation's  sense  of  its  duties 106  47 

nentral  bound  to  enforce 211  87 

belligerent  may  require  enforcement  of 211  87 

and  enactment  of  new,  if  existing  laws  insuflicient 211  87 

Great  Britain  held  legal  proof  of  violation  of,  to  bo  neces- 
sary before  its  action  as  a  neutral  could  be  required 369  147 

Municipal  puocla  jiation  : 

the  United  States  had  a  right  to  expect  the  enforcement  of. .  135  58 

Nashville,  The: 

escapes  from  Charleston 328  132 

receives  excessi''e  supply  of  coal  at  Bermuda 329  132 

Burns  the  Harvey  Birch ♦    330  133 

arrives  at  Southampton 330  133 

proceeds  to  Bernmda  and  coals  there 330  133 

reasons  why  Great  Britain  should  bo  held  responsible  for 

actsof 331  133 

Nassau  : 

well  adapted  for  a  depot  of  insurgent  supplies 223  92 

made  an  insurgent  depot  and  base  of  ojierations note.  224, 225  92, 93 

Mr.  Adams  complains  of,  to  Lord  Russell 232  95 

made  depot  for  (quartermaster's  stores 280  114 

civil  antliorities  of,  act  in  interest  of  insurgents 342  137 

Netherlands : 

course  of  government  of,  contrasted  with  that    of  Groat 

Britain 463  183 

Neutrality  : 

definitions  of,  by  Phillimoro,  Bluntschli,  Hautefeuillc,  and 

LordStowoU 123,124  54 

duty  to  observe 210  87 

.'         failure  to  observe  as  to  San  Jacinto  and  Honduras 288  117 

Neutrality  laws,  (see  Foreign  Enlistment  Act :) 

of  United  States  enacted  at  request  of  Great  Britain 133  53 

Neutrals,  (See  Paris  ;  Belligerents;   Treatij  of  Washington:) 

duties  of,  as  defined  in  the  treaty  of  Washington 22,148  14,63 

duties  and  rights  of,  as  defined  in  the  declaration  of  Paris. ..  69  33 

animus  of,  the  solo  criterion  according  to  Lord  Westbury  ...  101  45 

bound  to  enforce  municipal  laws  in  belligeix-nt's  favor 108, 211  48, 87 

duties  of,  recognized  in  tlio  Queen's  proclfimation 123, 125  54, 55 

bound  to  enforce  municipal  proclamations 135, 211  58, 87 

use  all  the  means  in  its  power  to  prevent  viola-, 

tions  of  their  neutrality 136, 212  59, 87 

when  liable  to  make  compensation 130, 212  59, 87 

should   amend  defective    neutralitv  laws  when  requested 

by  bt^ligerents 147,211  63,87 

when  should  institute  proceedings  to  prevent  violations  of 

neutrality 147  63 

should  detain  offending  vessels  coming  within  their  juris- 
diction   162,211  69,87 

should  not  permit  their  ports  to  be  made  the  base  of  hostile 

operations 166,212  70,87 

summary  of  the  duties  of,  as  ai)plicablo  to  this  case 210-213  86-88 

obligations  of,  as  to  an  offending  vessel,  not  discharged  by 

*     commission  as  man-of-war 213  88 

•lor  by  evasion  of  municipal  law 213  88 

when  tlioy  may  not  set  np  a  deposit  of  the  offense 213  83 

North  : 

sent  to  England  by  the  insurgents ,  218  90 

Miss,  names  the  Virginia,  (or  Qeorgia) 392  156 


if 

i  |i 


200 


INDEX. 


(!■         I 


Oreio.    (Sqc  Florida.) 
Ortolan,  Tiikodohe: 

views  of,  as  to  construction  of  men-of-war  for  belligerents 
iu  neutral  ports 

says  sucli  vessel  not  to  be  coiilbundctl  with  ordinary  con- 
traband of  war 

Palmer,  Sir  Roundell  : 

his  dclinition  of  duo  diligonco 

his  statement  of  the  opinions  of  British  lawyers note. 

bis  views  as  to  the  efl'ect  of  a  commission  upon  an  oftcnding 
vessel 

bis  speech  on  the  Gco'';ia 

Palmerston,  Lord  : 

thinks  separation  must  take  place 

awaiting  opinion  of  law  offlccis 

speech  of,  March  27, 1803 

speech  of,  June  30, 1803 

speech  of,  July  23, 1803 

minatory  conversation  with  Mr.  Adams 

Pampero,  The  : 

seizure  of,  and  trial 

Paris,  Declaration  of  : 

unfriendly  course  of  Great  Britain  as  to,  detailed 

Phantom,  The  : 

a  blockade-runner 

Philliimore,  Sir  K.  J. : 

decision  in  the  case  of  the  International 

definition  of  neutrality 

Pierantoni  : 

criticism  on  the  Alabama 

Portugal : 

abstract  of  correspondence  between,  and  the  United  States. . 

principles  recognized  by,  in  that  correspondence 

recognizes    international  duty  to  make  compensation    for 
injuries  committed  by  cruisers  fltted  out  in  neutral  port. .. 

how  regards  effect  of  commission  on  such  cruiser 

course  of  government   of,  contrasted  with  that  of  British 

government 

Prioleau,  Charles  K.  : 

managing  member  of  Fraser,  Trcnholm  «&  Co 

becomes  naturalized  as  British  subject 

Privateering  : 

declaration  of  congress  of  Paris,  as  to 

Great  Britain  willing  to  legalize  with  .insurgents 

but  not  with  the  United  States  '. 

Proclamation  :    . 

announcing  blockade.    (See  Blockade.) 

recognizing  insurgents  as  belligerents.    (See  Belligerents.) 

the  Queen's,  a  recognition  of  the  international  duties   of  ' 
Great  Britain •     105 

such  duties  recognized  by  it  defined 123, 125 

Prosecutions.    (See  Bernard.) 
Prussia  : 

course  of  government  of,  contrasted  with  that  of  British 

government 464 

Eams.    (See  Laird'a  rams.)  * 

Rappahannock : 

short  sketch  of 291 

is  detained  by  French  authorities 292 

course  of  French  government  as  to,  contrasted  with  conduct 

of  British  ofiBcials 293 

Regret.    (Seo  Treaty  of  Waslmgton.) 


Geiii-va 
■ilil.on. 

Serond 
editiim. 

Pagt 

Pagt 

181 

70 

195 

81 

162 

67 
69 

204 
403 

84 
160 

55 
55 
94 
96 
108 
2154 

28 
28 
42 
43 
48 
9f) 

260 

106 

35-82 

31-38 

297 

120 

117 
123 

52 

54 

184 

77 

r-l46 
146 

59-62 
62 

109 
209 

72 

86 

463 

183 

220 
220 

91 
91 

69 
74 
77 

33 
35 
36 

47 
54 


183 


118 
118 

118 


^ 

Seiii-va 

div.jn. 

Serond 
edition. 

Pagt 

Page 

181 

76 

195 

81 

157 
162 

67 
69 

204 
403 

84 
160 

55 
55 
94 
90 
108 
2:34 

28 
28 
42 
43 
48 
96 

260 

106 

65-82 

31-38 

297 

120 

117 
123 

52 

54 

184 


169 
209 

463 

220 
220 

69 
74 

77 


105 
k,125 


464 


77 

59-62 
62 

72 

86 

183 

91 
91 

33 
35 
36 


47 

54 


291  • 
292 

293 


183 


118 
118 

118 


INDEX.  201 

(iHtieva  St'i  onil 

Cdilliilr.  iMlit;(,n, 

Parjr,  I'l-.jt. 

Retiuijtitiox,  TnK : 

Itiiilt  iit  linffiilo,  capttued  by  rebels 390  !.'() 

turned  into  :i  cruiNcr 390  \7i{'i 

her  career ::i»0,  :i!)2  iriO 

KuLiN,  Jacqukmyxs  : 

views  as  to  tlie  Queen's  proelauiatiou (i4  31 

views  as  to  HiiHsli  nentnility H7  40 

criticism  on  Mr.  IJernanl's  book 17ii  74 

RiTi.KS,  (see  Treaty  of  Wiwhinnlon ;  yciilralH:) 

tlie   ]»rineii))!S  stated  in  tliese   rules    in   force  before   tbe 
Treaty  ot  Washington 14S  63 

RuH.SKi.L,  Loni)  J<;hn,  (see  liitNutU,   Earl,  irlare   references  to,  are 
indexed:) 

created  Earl  Kussell  during  insurrection 97  44 

RussKl.L,  Eaul,  (see  IJaUan;  Adam.^i,  Clm.  Iih  Frane'iH:) 

promises  to  await  Mr.  Adams's  arrival 43  2  5 

discusses  indeiieudence  with  insurj;ent  coiumissicmers 51  v.'6 

calls  the  United  States  the  northern   portion   of  the   late 

Union .^>4  27 

is  doubtful  June  1,  1861,  wheMier  there  is  a  war .57  28 

speech  of,  October  14,  18C.I 87  40 

speech  of,  February  .''<,  1863 90  41 

speech  of,  Juno  9,  1 .64 96  43 

says  the  insiu'gents  Imild  ships  of  war  in  Great  Britain  be-  < 

cause  they  have  no  ports  of  their  own 215  89 

n^jdy  to  Mr.  Adams's  complaints  regarding  Nassau 232  1)5 

declines  to  act  on  Mr.  Adams's  cotiiidaints  regarding  insur- 
gent opera t ions  in  February,  18()3 249  102 

de(!lines  to  advise  auutndmeut  of  foreign  enlist nu'Ut  act 2.")1, 253  103 

says  the  Aliibama  and  Oreto  are  a  scandal  to  P.ritish  laws. ..  254  104 
thinks  the  interest  of  the  insurgent  govenmu'nt  in  block-  )   2"!!2, 284    114,115 

ade-rnnnera  should  not  be  interfered  with ^  29i>  117 

letter  to  Mason,  .Slidell,  and  Mann 309  125 

reply  to  Mr.  Adams's  note  regarding  sale  of  Snmt<!r 322  130 

sends  Mr.  Adams  the  repint  of    customs  ollicers  on    the 

Flori<la 336  13i; 

rejdv   to  Mr.   Adams  regarding  treatment  of   Florida   at 

Jii-nnnda 361  144 

tells  .Mr.  Adams  to  refer  evidence  about  Alabanui  to  Liver- 

po(d  collect<n- 3(56  146 

conferenc(i  with  Jlr.  Adams  after  escape  of  Alabama 375  150 

says  Alabanui  was  partly  lifted  out  in  Great  Britain 380  152 

rei>lv  to  Jlr.  Adams's  complaints  about  Georgia 397  158 

forwards  Bullock's  letter  to  Waddell 448  178 

reply  to  Mr.  Adams's  complaints  regariliug  Laurel 453  180 

RissiA : 

course  of  the  governiucnt  of,  contrasted  witii  that  of  Great 

Britain , 464  183 

KiT.ssiAN  Amua.ssahou  : 

arrest  of,  in  time  of  Queen  Anno. . , 119  52 

Saldaniia'.s  i:xi'i;inTioN : 

arrest  of,  at  Terceira 194  SI 

SALisBuitY,  Makqcis  OF  : 

speech  of,  when  Lord  Robert  Cecil 99  44 

San  Jacinto: 

how  treated  at  Barbadoes 356  112 

Santisisia  Tkixidad  : 

opinion  in  case  of 197  82 

Ska-Kinc;,  Tiik.   (Sec  Shenandoah.)  . 

Semmks,  Raphakl,  (see  J/«&a»ia;) 

bis  opinion  of  tbo  Alabama 381  lu2 


•'    ■  ■ 
!-   :  t 

•1  ft     ■' 


202 


INDEX. 


Geneva  Snrond 

*-ditifin.  editinn. 

Page,  Page. 

Sfavahd,  Ml!. : 

instnuts  Jlr.  AdnniH  to  eoiiii)liun  of  insnrgout  oporatious 

luiido  iVoiii  IJiitiah  Jurisdictioii 248  101 

Siiirs.    (.Site  rcwcln.) 

SiiK.NANDOAir,  TiiK,  oi!  Ska-King  : 

hIioiI  sk.'tcli  ol' 293  118 

Imilt  in  C'lydo,  iiml  iittractcd  Dudk^y's  tittuntiou 41G  105 

description  of 41(5  105 

sold  to  fatlicr-in-liiw  of  I'liolcan 41G  166 

sails  armed,  and  under  connnand  of  Corbctfc,  a  well-known 

bloekadc-rnnnor 417  1C6 

ber  ollicers  and  crew  siiil  from  liiverpool  in  tlui  Laurel 418  166 

is  armed  iVoni  the  Laurel  at  Madeira 420  167 

is  short  of  men 421  167 

arrives  at  ilelbourue 424  168 

her  transfer  to  the  inisurfrents  known  there  in  advance  of 

herairival 424  168 

rejircsentations  as  to,  by  United  States  consul  to  author- 
ities    424  169 

captain  of,  asks  permission  to  coal  and  make  repairs 426  169 

perniissiun  {iranted 427  169 

delay  in  reportinj;  wliat  repairs  W(!ro  necessary 427  170 

report  as  to  repairs  made  live  days  after  arrival 428  170 

permission  to  repair  aj^ain  granted 428  170 

cnptain  is  requested  to  name  day  when  ho  can  go  to  sea 429  170 

many  men  ari;  illegally  enlisted  for  crew  of 429  170 

proceedings  as  to,  in  colonial  legislature 430  170 

correspondenco  witli  colonial  authorities  regarding  enlist- 

nx'uts  for 431  171 

enlistments  eontiinu! ;  repairs  suspended 4152  172 

repairs  resunu'd  and  completed 43:5  172 

three  hundred  tons  of  coal  taken  from  a  transport  sent  for 

the  purpose  from  lii verpool 434  172 

consul    furnisluiS    proof  of  illegal  enlistments  to  colonial 

authorities 434  172 

no  action  taken  thereon 434  173 

number  aiul  notoriety  of  cnlistnieuts 435-439    173-174 

no  supplies  or  coal  needed  for 439  174 

repairs  prolonged  to  enlist  men 440  174 

no  repairs  needed 441  175 

critical  examination  of  report  of  repairs 443-447     17()-177 

returns  to  Liverpool ,..^ 449  178 

violat  ions  of  neutrality  by 450  178 

reasons  for  holding  Great  Britain  liable  for  acts  of 434  180 

SiNOAlH)!".!-: : 

jVlahainii  coals  at 386  154 

Sr.vvKiiY : 

opposition  to  the  limitation  of,  the  cause  of  secession 37  21 

Si'Aix: 

recognizes  international  duty  to  make  componsatioa  for 
injuries  by  cruisers  iitted  out  in  violation  of  interna- 
tional duty lf,9  72 

how,  regards  the  etfect  of  a  connnission  on  such  cruisers 209  86 

course  of  the  government  of,  contrasted  with  that  of  tho 

British  government 464  183 

Stokukoddki!,  Tiik,  ok  Stonewall: 

short  sketch  of  career  of 268  109 

Story,  Mu.  JrsTici;:  •  - 

definitions  of  diligence 154,156  66 

opinion  in  the  case  of  the  Sautisima  Trinidad 197  82 

Stkshkns,  Ar.icxAXDEU  II. : 

vice-president  of  insurgent  governnieut 37  21 

his  views  as  to  slayery 38  22 

his  speech  against  seccssiou 38  22 


248 


424 


434 


Si'cunil 
edition. 

Page. 


101 


293 

118 

41G 

105 

41R 

Kif) 

410 

IGG 

417 

ICfi 

418 

106 

420 

107 

4-21 

107 

424 

1()8 

168 


424 

169 

426 

169 

427 

169 

427 

170 

428 

170 

428 

170 

42!) 

170 

42'J 

170 

430 

170 

431 

171 

432 

172 

433 

172 

484 

172 

434 

173 

5-439 

173-174 

439 

174 

440 

174 

441 

175 

^-U7 

17(i-177 

449 

178 

450 

178 

454 

180 

386 

154 

37 

21 

1C9 

209 

72 

86 

464 

183 

268 

109 

156 
197 

66 

82 

37 

38 
38 

21 

22 
22 

0-ii"V;i 

.".■iKi.i 

I'llt.iMI. 

ctliti.  n. 

I'ttgc, 

J 'nut. 

2 15 

100 

217 

101 

:VJ(t 

129 

:!2l 

129 

:;2i 

]29 

321 

130 

323 

131) 

327 

132 

INDEX.  203 


SUMTKI! : 

lU'ocondiiiffH  at  Gibraltar  iis  to 

profcfdiiiKs  at  Trinidad  as  to 

coals  at  Trinidad 

arrives  at(ii)iraltar 

,  Hliut  ni»  tlicrii  liy  Kciarsar-j,!' 

Hold  under  jjrotcst  oi'  United  .States  consul 

treatment  of,  a  partiality  toward  insurj^ents 

reasons  why  Great  IJritain  liable  for  acts  of 

SuMTEU,  Foht: 

surremler  of 41  21 

Swedish  vkssi;i,s:. 

the  ease  of 1^7  78 

Tacony,  Tiik  : 

career  of 363  145 

Tallaiiasskk,  riii;: 

fitted  out  in  London  as  a  privateer 409  163 

liereareer 410  163 

what  was  done  at  Halifax  as  to  411  1()3 

reasons  wliy  Great  Britain  liable  for  acts  of 412  164 

Tentekdex,  Loiin : 

uienioranduni  on  neutrality  laws 100  47 

says  privateerini;  was  suppressed  by  reason  of  tbo  conrsi^ 

adopti'd  by  Wasbington '       131  57 

Tehceiha,  (see  Saldniihii'n  eximlUioii :) 

Alabama  arrives  there 378  151 

Transshipment  of  contuahand  oi"  wak  : 

the  permission   in  eolonial  ports  a  f;iilure  to  perform  the 
duties  of  a  neutral 227  03 

injurious  to  the  United  States -^27  1)3 

Treaty  of  Washington  : 

expresses  re^sH't  at  escape  of  tho  cruisers  18  12 

terms  of  snbmissioaof  claims  of  the  United  States Iri  Vi 

iiKM'ting  of  the  ai'bitrators,  provisions  Ibr 19  13 

time  for  delivery  of  eases  and  evidence 20  13 

time  for  delivery  of  eonutei'  cases  and  evidence '...  21  13 

when  orij^inals  nnist  be  produced 21  13 

duties  of  !:,'i('nts  of  each  "Government 21  13 

counsel  may  be  heard , 22  14 

rules  apjdieable  to  th(^  case,  (sec  Nvuirah) 22, 149        14, 63 

award,  when  and  how  made 24  14 

board  of  assi'ssors,  how  constituted  and  duties  of 25  15 

the  first  clause  in  tlu'  lirst  rule  to  be  found  in  United  .States 

ueutralitv  law  of  1794 150  64 

■whatisdue  dili'^enco , 150-158        64-67 

litting  out,  armiu'j;,  or  (Mpiiiiping,  each  an  otfciist; 159  Oi? 

reasons  for  words  "  specially  adapted,"  &c. 159  68 

continuing  forc(\  r)f  second  clanst^  of  lirst  rule 163  69 

limitation  and  ex))lanation  of  second  rule 167  71 

recognizes  obligation  to  make  compensation  for  injuries 169  71 

Treaty  OF  1794.    (iiw/Vmkd  Slakn.) 

Treniiolm,  George  A, : 

principal  member  of  iirni  of  Fraser,  Trenbolra  &  Co.,  and 

secretary  of  insurgent  treasury 220  91 

Trent.    (See  G rca t  Bri ta in.) 

Trinidad: 

TheSninter  at 247,320    101,129 

Tuscaloosa,  on  Conuad  : 

a  prizi!  captured  by  the  Alabama 270  110 

claims  to  be  received  at  Cape  Town  as  a  tender 270  110 

is  seized,  then  reh.'ased,  and  lei'ivcd  as  man-of-war  272  110 

this  deciwion  reversed  in  London 272  111 

comes  again  to  Cape  Town  and  is  seized 273  111 

this  act  disapproved  iu  London 274  111 


204    . 


INDEX. 


Ocni'vit  pi'i-  MiJ 

i'llitt'jii.  i>J,rioti 

pwjc  rii'jc. 

TvvKXTY-roi'it  Hoiiiis'  ium;: 

coiitiiiiicd  in  adiniiiiUy  iuul  colonial  iiistinctions 2:W  IMi 

Umtkd  Statics,  (kci"  (ircut  J>ntn'iii ;  Wauhinijtoii :) 

nilatioiis  wifli  Gicaf  ISrihiiii  liclbro  It-OU  IViondly :U  10 

various  ticatlt'S  with  (ircaf  ISiitaiii 31-;5;j  ll)-:2l) 

iiiinilicr  of  States  and  Turritoiii-s  in  IHOO noto  :5r>  "JO 

olection  of  llr.  Lincoln  as  I'losidcnt ;!(>  til 

aijcession  of  Hoiitli  Carolina  and  other  States 'Mi  yi 

cause  of  secession ;>7  '21 

neutrality  lawof  If^lH note.  llii  50 

hud  no  uumicipal  law  in  171)15  to  aid  in  pcrfonnance  of  inter- 
national duties I'i7  Prj 

c^)urse  dnrinji  President  Washington's  administration I'il  55 

treaty  of  171(4 1:51  57 

construction  thereof  by  cunindiisioncrs 132  57 

enact  neutrality  laws  at  rctiui'st  of  Great  Britain 115:5  58 

correspondence  with  Portu<;al 1:17-1  hi  SO-iJ-i 

l)riiiciples  recof^nized  by  that  correspondence 1-UJ  t);5 

what  they  rej^ard  as  due  dilij^ence 158  ()7 

seizure  of  Spanish  f;un-boats  in  1869 1(50  (58 

charact(!i'  of  southern  blockaded  coast 222  1)2 

VtOi'SKi.s  or  WAii,  (see  Commhiiion  ;  Cotitmhctiul ;  J\,'riilrah  :) 

ot  1  lellijrereuts,  sale  of,  in  neutral  ports 322  i:iO 

ViiJtiiMA,  TiTic : 

in(|uirie8  as  to 21)8  120 

Wachisi;]  r : 

treatment  of,  at  Bermuda 35:5  142 

Walkek,  Xoi;:man  S.  : 

made  insurgent  agent  at  Bermuda 2:58  1)8 

his  urj;ent  demand  for  coal 277  llU 

is  supplied  with  coul  by  Fraser,  Treuholm  «!t  Co 278  113 

WA8HINGTOX,   PlMCSIDIOXT  : 

his  course  toward  Mr.  Cfenet 1291-31  50-57 

determines  to  restore  prizes  captured  by  privateers  fitted  out 

in  United  States 

his  course  sui)pressed  privateering 131  57 

Wr.STnuitY,  Loiii) : 

appoin  ted  Lord  High  Chancellor,  June,  18()l 98  44 

regards  animus  of  neutral  as  sole  criterion 101  45 

says  United  States  may  use  Queen's  proclamation  to  prove  . 

aninuis  101  45 

says  ship  should  not  be  built  in  neutral  port  by  bidligerent 

with  view  to  war 185  78 

WiLKl.S,  Al)>lII!AL  : 

corresi)oudeuce  with  governor  of  Bermuda 355  142 


Re- in  J 

I'J.tlOIl 

19 

H)-'20 

"1 
'Jl 
!il 

50 


55 
57 
57 

58 
59-(Vi 

c;j 

07 
1)2 

130 

r^o 

142 

•JS 
IIU 
113 

50-57 


44 
45 

45 

78 

142 


